{"1": {"fulltext": "", "height": "4503", "width": "2877", "jp2-path": "depositionsofwit00boar_0001.jp2"}, "2": {"fulltext": "WWW!", "height": "4503", "width": "2877", "jp2-path": "depositionsofwit00boar_0002.jp2"}, "3": {"fulltext": "", "height": "4503", "width": "2877", "jp2-path": "depositionsofwit00boar_0003.jp2"}, "4": {"fulltext": "", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0004.jp2"}, "5": {"fulltext": "DEPOSITIONS OF WITNESSES\\n(Taken in June and July, 1876,)\\nTO BE USED AS EVIDENCE\\nIN THE\\nARBITRATION OF THE BOUNDARY LINE\\nBetween the States of Maryland and Virginia.", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0005.jp2"}, "6": {"fulltext": "", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0006.jp2"}, "7": {"fulltext": "3Boari o| z.x 1 tra. tflrs to adjust ifK e tonnJar^\\nline. bet*/e.en lAar^Uai and Virginia.,\\nDEPOSITIONS OF WITNESSES\\n(Taken in June and July, 1876,)\\nTO BE USED AS EVIDENCE\\nARBITRATION OF THE BOUNDARY LINE\\nBetween the States of Maryland and Virginia.\\nHon. JEREMIAH S. BLACK,\\nof Pennsylvania,\\nHon. JAMES B. BECK,\\nof Kentucky,\\nHon. CHARLES J. JENKINS,\\nof Georgia,\\nArbitrators.\\nMessrs. ISAAC J). JONES,\\ny Counsel for Maryland.\\nWM. PINKNEY WHYTE, j\\nMessrs. RALEIGH T. DANIEL,\\nWILLIAM J. ROBERTSON,\\nCounsel for Virginia.\\nA. \\\\Y. Graham, Secretary to Board of Arbitrators,\\nC. M. Dashiell, Clerk to Counsel.\\nBaltimore:\\nINNES COMPANY, LEADING BOOK PRINTERS AND BINDERS,\\n1876.", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0007.jp2"}, "8": {"fulltext": "f 1ST", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0008.jp2"}, "9": {"fulltext": "DEPOSITIONS.\\nDepositions of witnesses, to be read as evidence before\\nthe Arbitrators to adjust the Boundary Line between the\\nStates of Maryland and Virginia, taken, by agreement of\\ncounsel for the respective States, before a Justice of the\\nPeace of Maryland, at Crisfield, Somerset County, Maryland.\\nDEPOSITION OF JOHN G1LLET.\\nCrisfield, Md., June 15th, 1876.\\nMr. John Gillet, a witness on the part of Virginia, having\\nbeen duly sworn, deposes and says\\n1st Question by Counsel for Virginia (Mr. Daniel State\\nany information you possess as to the enforcement of the\\noyster laws of Virginia in Pocomoke Sound and Tangier\\nSound and state your opportunities of knowledge on the\\nsubject.\\nAnswer. I qualified as deputy-clerk of the Circuit and\\nCounty Courts of Accomac in October, 1842, and continued\\nsuch deputy until 29th January, 1850. On the last men-\\ntioned day I was elected and qualified as clerk of the County\\nCourt, and continued in that office until January 1862.\\nFrom the 1st of March, 1864, until the 1st of June, 1865 3 I\\nwas a practising attorney in the courts of Accomac. On the", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0009.jp2"}, "10": {"fulltext": "4\\n1st of June, 1865, I qualified as clerk both of the Circuit\\nand County Courts of that county, and remained such\\nuntil March, 1868. In November 1869 I again resumed the\\npractice of law in those courts, and have continued to\\npractise therein to the present time. During the whole of\\nthese periods I have been in regular attendance upon the\\ncourts, and believe I was present at every trial had for the\\nviolation of the oyster laws for the State of Virginia.\\nDaring these periods there were trials for violations of the\\noyster laws in each of these sounds. The accused parties\\nwere in some cases citizens of Virginia, and in others non-\\nresidents of the State. In the non-resident cases the accused\\nwere sometimes citizens of Maryland, but more generally of\\nPhiladelphia, Pennsylvania. It is impossible for me to state\\nthe names of all the defendants in these several cases but\\nthe ones that I remember particularly, in which citizens of\\nMaryland were defendants, were the cases of John J. Lawson\\nand sixteen others in 1870, and Edward W. Horsey and\\nthree others in 1874.\\n2d Question by same.\u00e2\u0080\u0094 State the incidents of those trials,\\nand what you know about them, and the accusations and\\nresults.\\nAnswer.\u00e2\u0080\u0094 In the case of John J. Lawson and others, the\\nprosecution was for a violation of the first section of the Act\\nof General Assembly of Virginia passed April 23d, 1867,\\nwhich prohibited any person from taking oysters in the\\nwaters of that State during the months of June, July and\\nAugust, and imposed a fine of not less than ten nor more\\nthan fifty dollars, recoverable by the judgment of a justice\\nof the peace. A warrant, issued against the parties, charged\\nthe taking of oysters in Pocomoke Sound on the 7th of June,\\n18 The accused were defended, on the trial, by the Hon. John\\nW Crisfield and James U. Dennis, of Somerset County,\\nMaryland, and Messrs. Parker and Neely, of Accomac. The\\nground taken by the counsel for the defence was that, as", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0010.jp2"}, "11": {"fulltext": "5\\nregarded the taking of oysters in Pocomoke Sound, the act\\nunder which the prosecution was had was inoperative as to\\ncitizens of Maryland, because it was not joint legislation on\\nthe part of both Maryland and Virginia and that citizens of\\nMaryland had concurrent right with the citizens of Virginia\\nto take oysters from that sound. The parties were convicted\\nby the justice, and fines were imposed upon them and, in\\ndefault of payment of these fines, they were committed to\\nthe jail of Accomac, Their counsel immediately obtained\\nfrom Judge George T. G-arrison, of Accomac Circuit Court,\\nthe writ of habeas corpus. The petitioners in the writ were\\nbrought before the judge, and, after full hearing, were\\nremanded to jail. The counsel, before the judge, took the\\nsame grounds they had taken before the justice. All of the\\nconvicted parties, except John J. Lawson, then paid the\\nfines imposed upon them, and were discharged from custody.\\nJohn J. Lawson took an appeal, having given the necessary\\nbond, from the judgment of the justice to the County Court\\nof Accomac, and the judgment of the justice was affirmed in\\nOctober 1870.\\nIu the case of Edward W. Horsey and others, the parties\\nwere charged with taking oysters, with dredges, on some\\nday in September 1874, in Pocomoke Sound, they being non-\\nresidents of the State of Virginia. Horsey, John H. Gar-\\nrison, and Henry T. Curtis, three of the parties, were tried\\non a joint indictment, and convicted. Luther J. Lewis, the\\nremaining one captured at the same time and charged with\\na similar offence, was tried separately, and acquitted. Lewis\\nwas defended by my partner and myself. In his defence we\\nintroduced, as a witness, the former oyster inspector, Capt.\\n0. A. Browne, by whom we hoped to prove that a line had\\nbeen agreed upon by him and Capt. Davidson, of the Mary-\\nland Oyster Police force, passing across Pocomoke Sound,\\nnorth of which line the offence of Lewis was alleged to have\\nbeen committed but in this we failed. Capt. Browne only\\nproved that, owing to the shoalness of the water in the", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0011.jp2"}, "12": {"fulltext": "6\\nnorthern part of Pocomoke Sound, and his inability, owing\\nto the draft of his boat, to enforce the law in that part of\\nthe sound, and also actuated by a feeling of State comity,\\nduring the pendency of a question of boundary between the\\nStates of Maryland and Virginia, he had not enforced the\\nlaw against citizens of Maryland taking oysters in Po-\\ncomoke Sound to the north of a line drawn from the north\\nside of Cedar Straits to the southern end of Sykes Island, in\\nAccomac County. We also introduced evidence to prove\\nthat Lewis had removed from the State of Maryland to the\\ncounty of Accomac, several months previous to the com-\\nmission of the alleged offence, with the intention of becoming\\na citizen of the State of Virginia. The jury were unable to\\nagree on a verdict, and were discharged. At the next term\\nof the court, a second trial was had, upon which we intro-\\nduced the same evidence, and additional and much stronger\\nevidence, as to his being a citizen of Virginia, and he was\\nacquitted. Horsey, Garrison and Curtis, upon their trial,\\nproved, by their own witnesses, that each and all of them\\nwere citizens of Maryland. In Lewis s case the Common-\\nwealth proved that he had been a citizen of Maryland for\\nmany years, and up to the time of his alleged removal to\\nVirginia.\\nIn September or October, 1870, a number of vessels, with\\ntheir crews, who were citizens of Maryland, were arrested\\nfor dredging for oysters in the waters of Virginia, to wit, in\\nTangier Sound. I do not recollect particularly the pro-\\nceedings in this case, but know that the Hon. Isaac D.\\nJones,\u00c2\u00b0 then Attorney-General of Maryland, was present.\\nBut, by a resolution of the Legislature of Virginia, these\\nparties were discharged and their vessels restored to^ them\\nand I feel confident that this was after an examination and\\ntheir commitment.\\n3d Question by same\u00e2\u0080\u0094 Do you remember whether the\\ncharge in the first mentioned case, to wit, Lawson and others,\\nwas changed, in form, after the prosecution was instituted,\\nand why", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0012.jp2"}, "13": {"fulltext": "7\\nAnstver. It was not changed after the prosecution was\\ninstituted. These parties were arrested by Capt. Browne,\\ninspector, for a violation of law committed in his view.\\nUpon consultation with his counsel, after the arrest, the\\nquestion arose whether it was advisable to prosecute for a\\nviolation of the first section, or of the second section, of the\\nact to which I have referred. The second section punished\\nthe taking of oysters by a non-resident, in any of the waters\\nof Virginia, by a fine of five hundred dollars, and also for-\\nfeiture of the vessel and appurtenances used. Capt. Browne\\nstated that the captured parties were represented to be, and\\nhe believed were, poor men, unable to pay a fine as great as\\nfive hundred dollars, and that their conviction for a violation\\nof the second section would lead to their incarceration for a\\nlong time that his principal object, in arresting and prose-\\ncuting them, was to convince citizens of Maryland that he\\nintended to enforce the oyster laws in Poeomoke Sound\\nand that .he thought a conviction and imposition of even a\\nsmall fine would have the effect to convince them that this\\nwas his intention, and would deter them in the future.\\nUnder these circumstances I, as one of his counsel, advised\\nhim to proceed against them for a violation of the first\\nsection, because the fine was limited to a small amount, and\\na justice of the peace had jurisdiction, and trial could be had\\nimmediately, and their detention, if willing to pay the\\nsmaller fine, would be short whereas, if the prosecution\\nwas under the second section, no trial could be had until\\nafter an indictment by a grand jury, and, owing to their\\ninability, as I supposed, to give bail, they would be com-\\nmitted to jail until a term of the court at which a grand\\njury could be empanelled. He took my advice, and made\\ncomplaint against them under the first section.\\n4th Question by same. You say that the defendants in the\\nsecond case, to wit, Horsey and others, proved by their own\\nwitnesses that they were citizens of Maryland. How was\\nthat proof by them connected with their defence", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0013.jp2"}, "14": {"fulltext": "8\\nAnswer.\u00e2\u0080\u0094 They claimed that the place, where they were\\narrested and were working at the time, was near the mouth\\nof Broad Creek, within some two or three miles of the Mary-\\nland shore, and certainly to the northern and western side of\\nthe channel of Pocomoke Sound and that they, as citizens\\nof Maryland, had the right to take oysters from the Mary-\\nland shore down to the channel, and that this right had been\\nexercised by them for many years, without any demand on\\nthe part of Virginia authorities for the payment of tax for\\nthe privilege.\\nbth Question by same.\u00e2\u0080\u0094 Was it stated, by the defence,\\nunder what law they claimed that right\\nAnswer.\u00e2\u0080\u0094 I do not recollect whether it was stated in so\\nmany words, or not but the impression made upon my mind\\nwas that it was claimed under the compact of 1785.\\nUh Question by same.\u00e2\u0080\u0094 As far as your knowledge extends,\\nhave the oyster laws of Virginia as to non-residents been\\nenforced in Pocomoke Sound and the part of Tangier Sound\\nclaimed to be in Virginia, against citizens of Maryland?\\nAnswer .\u00e2\u0080\u0094At times there has been great laxity in en-\\nforcing the laws, by the authorities, against violators, both\\nresident and non-resident, in these sounds but, whenever\\nan effort has been made to enforce them against non-residents,\\nthere has been no discrimination in favor of citizens of\\nMaryland over other non-residents. The citizens of Mary-\\nland were looked upon as equally open to punishment for\\ntaking oysters in violation of the laws of Virginia in these\\nsounds, as the citizens of any other State, with the excep-\\ntion of the rule that I have before stated, adopted by Inspector\\nBrowne, as to a part of Pocomoke Sound\u00e2\u0080\u0094 and that rule was\\nnot observed by Captain Browne s immediate successor,\\nWilliam Samuel Custis, who captured Horsey and others\\nsoon after his succession to office.", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0014.jp2"}, "15": {"fulltext": "9\\nCross-examined by Counsel for Maryland.\\n1st Question by Mr. Jones\u00e2\u0080\u0094 State, if you know, in what\\npart of Maryland, Lawson and others, and Horsey and others,\\nof whom you have spoken, resided\\nAnswer. In Somerset County. Horsey and others resided,\\nas I understood from the proof in their case, to the east of\\nCrisfield, and very near to the shores of Pocomoke Sound.\\n2d Question by same.\u00e2\u0080\u0094 State by whom Horsey and others\\nwere arrested, and whether it was in the same transaction in\\nin which Thomas Riggin lost his life\\nAnswer. The arrests were made by William Samuel\\nCustis, Inspector of Oysters for Accomac County and it\\nwas in the same transaction in which Mr. Riggin lost his\\nlife.\\n3d Question by same. \u00e2\u0080\u0094Did, or not, the Virginia laws,\\nprohibiting non-residents from taking oysters in Virginia\\nwaters, except citizens of Maryland taking oysters in the\\nwaters of Pocomoke Sound\\nAnswer. They did not. But there was an exception, in all\\nof the laws of Virginia relative to the taking of oysters\\n(except one act), in favor of citizens of Maryland taking\\nthem in the rivers Potomac and Pocomoke. I do not recollect\\nof any law in which there was an exception in favor of\\ncitizens of Maryland as to Pocomoke Sound.\\nAnd further this deponent saith not.\\nJ. W. GILLET.\\nSworn to and subscribed before me, a Justice of the Peace\\nfor Somerset County, in the State of Maryland, this 15th\\ndav of June, 1876.\\nHARVEY F. JOHNSON, J. P.\\nAttest\\nC. M. Dashiell, Clerk.\\n2", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0015.jp2"}, "16": {"fulltext": "10\\nDEPOSITION OF ORRIS A. BROWNE.\\nCrisfield, Md., June 15th, 1876.\\nCapt. Orris A. Browne, a witness on the part of the State\\nof Virginia, having been duly sworn, deposes and says\\nlit Question by Counsel for Virginia {Mr. Daniel).\u00e2\u0080\u0094 Were\\nyou inspector under the oyster laws of Virginia and\\nwhen did your official term begin and end\\nAnswer.\u00e2\u0080\u0094 I was Inspector of Oysters for Virginia from\\nMarch 1870 until April 1874.\\n2d Question by same.\u00e2\u0080\u0094 -Who was the inspector for Mary-\\nland during that time\\nAnswer.\u00e2\u0080\u0094 Capt. Hunter Davidson, and afterwards Capt.\\nWilliam E. Timmons, were the commanders successively of\\nthe Maryland Oyster Police Force.\\n3d Question by some.\u00e2\u0080\u0094 Was the line, known as the David-\\nson-Lovett line, or the agreement for it, in operation when\\nyou went into office\\nAnsioer. It was.\\nUh Question by same.\u00e2\u0080\u0094 You have heard what has been\\nstated by Mr. Gillet as to the enforcement of the oyster\\nlaws of Virginia in Pocomoke Sound was there any agree-\\nment as to the line across that sound, and state what occurred\\nin regard to it?\\nAnsioer.\u00e2\u0080\u0094 I never made an agreement with any one to\\nestablish a line across Pocomoke Sound. I received a letter\\nfrom Capt. Davidson, dated January 17th, 1871 (a copy of\\nwhich is filed herewith, and marked Exhibit A in the\\nAppendix), in which he asked me to meet him at Chesco-\\nnessex, to agree upon some terms by which Maryland oyster-\\nmen might take oysters in Pocomoke Sound. And I find\\nthe following entry in my log-book as to what occurred at\\nthe visit", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0016.jp2"}, "17": {"fulltext": "11\\nu Oyster Rev. Stmr. Tredegar, Tuesday, Jan. 24th, 1871.\\nCom. Hunter Davidson, Comdg. Oyster Police Force of\\nMaryland, came in at 10 A. M. The object of his visit was\\nto obtain my consent for citizens of Maryland living near the\\nPocomoke to tong in said sound which, by the law, the\\ncourts, and the Governor s instructions, I could not accede to.\\nAfter talking over the matter, and many other points of\\ninterest, we decided to go to Drummondtown, to have an\\noverhauling, c, c, of old papers and records.\\nAt 2 P. M. got steam, and went to Onancock.\\nOrris A. Browne.\\nI based my refusal upon the Act of April 23d, 1867, in\\nrelation to oysters, Judge Garrison s decision in the case of\\nJohn J. Lawson, and a letter received from Governor Walker,\\ndated January 16th, 1871 a copy of which letter is here-\\nwith filed, and marked Exhibit B in the Appendix, I took\\na copy of my own letter to the Governor, but have mislaid it.\\n5th Question by same. You have heard Mr. Gillet s state-\\nment of your mode of executing the law in Pocomoke Sound,\\non that part of it between Cedar Straits and Sykes Island\\nwill you give an account of it?\\nAnswer. What Mr. Gillet has said is true. The line re-\\nferred to from the south end of Sykes Island to the north side\\nof Cedar .Straits, was first mentioned in a letter by me to\\nGovernor Walker, in which I replied to certain statements\\npublished in one of the newspapers in Norfolk, which were\\ntaken from the Baltimore papers, in which I was charged\\nwith being unnecessarily zealous in arresting oystermen in\\nPocomoke Sound, and depriving the people of Somerset\\nCounty north of Pocomoke Sound of rights they had hereto-\\nfore exercised. In my letter to Governor Walker I denied\\nthe charge of any unnecessary officiousness in carrying out\\nthe law and stated as a fact, that I had not arrested\\nany one north of a line running from the south end of Sykes\\nIsland across Pocomoke Sound to the north side of Cedar", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0017.jp2"}, "18": {"fulltext": "12\\nStraits, owing to the shallow water in that vicinity, on\\nwhich these people sought refuge, owing to the draft of the\\nsteamer at my command, and because I sympathized with\\nthose people who lived there, and were dependent upon those\\nwaters for their living.\\nm Question by same.\u00e2\u0080\u0094 In executing the oyster laws ot\\nVirginia in Pocomoke Sound and the part of Tangier m\\nVirginia, did you regard them as containing any exception\\nfor the people of Maryland over other non-residents of\\nVirginia?\\nAnswer.\u00e2\u0080\u0094 I did not.\\nnth Question by same.\u00e2\u0080\u0094 Did you know of any instances ot\\nMarylanders oystering under Maryland license in Pocomoke\\nSound, or in Tangier Sound in Virginia?\\nAnswer.\u00e2\u0080\u0094 I did not. I have been applied to by Maryland\\npeople to license them over there, but I refused them. I ap-\\nplied to members of the Legislature to get some leave to\\nlicense them, as they would oyster there anyhow but nothing\\nwas ever done.\\nCross-examination by Counsel for Maryland.\\n1st Question by Mr. Jones.-Vo you intend to be understood\\nthat, in executing the Virginia law of 1867, and other Vir-\\nginia laws regulating the taking of oysters, while Virginia\\nOyster Inspector, you treated all citizens of Maryland resid-\\ning north of Pocomoke Sound, in Somerset County, as non-\\nresidents of Virginia within the meaning of those laws?\\nAnswer. I did.\\n2d Question by same.- In what part of Pocomoke Sound\\nwas John J. Lawson arrested?\\nAnswer \u00e2\u0080\u0094As well as I remember it was about the same\\nlatitude as the north end of Pox s Island, and on the west\\nside of the channel.\\nU Question by same.\u00e2\u0080\u0094 Were you aware, after the arrest\\nand release of Lawson, that he had caused a writ to be issued", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0018.jp2"}, "19": {"fulltext": "13\\nout of the Circuit Court for Somerset County against you on\\naccount of that arrest\\nAnsiver.\u00e2\u0080\u0094 I was not but I had heard he expected to take\\nsome action against me.\\n4th Question by same. Did you, on that account, keep out\\nof the jurisdiction of Somerset County while oyster inspector\\nAnswer.\u00e2\u0080\u0094 I had no business in Somerset County but\\ncame here on one occasion, and visited other ports of\\nMaryland.\\n5th Question by same. Were you not frequently at the\\nport of Crisfield in your steamer before the arrest of John J.\\nLawson\\nAnswer.\u00e2\u0080\u0094 -I never was here in my steamer before that.\\nQth Question by same. Were you at the port of Crisfield\\nafter that, while oyster inspector, and when\\nAnswer. Yes, sir I came here for General Wise. I was\\nhereon the 16th and 17th of October, 1871.\\nRe-examination by Counsel for Virginia.\\n\\\\st Question by Mr. Daniel.\u00e2\u0080\u0094 -You have said that you did\\nnot execute the law against the tongers in Somerset County,\\nnorth of Pocomoke Sound, north of a certain line. Was\\nthat line formed merely by a purpose in your own mind, or\\nwas it communicated to any one\\nAnswer. It was communicated to Governor Walker. I\\ndo not remember having told any one else.\\n2d Question by same.\u00e2\u0080\u0094 Did you execute the law against\\nthem north of that line in other respects\\nAnswer. I executed the law, in collecting the tax on the\\ncarrying trade, north of that line. The dredgers went up\\nthere in considerable force. I went up there and told them,\\n_ if they did not leave I should arrest them.\\nAnd further this deponent saith not.\\nORRIS A. BROWNE.", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0019.jp2"}, "20": {"fulltext": "14\\nSworn to and subscribed before me, a Justice of the Peace\\nfor Somerset County, Maryland, this 15th day of June, 1876.\\nHARVEY F. JOHNSON, J. P.\\nAttest\\nC. M. Dashiell, Clerk.\\nDEPOSITION OE JOHN RICHARD DRUMMOND.\\nCrisfield, Md., June 15th, 1876.\\nJohn Richard Drummond a witness on the part of Virginia,\\nhaving been duly sworn, deposes and says\\n1st Question by Counsel for Virginia {Mr. Daniel).\u00e2\u0080\u0094 Weve\\nyou the pilot of Captain Browne s vessel during the period ot\\nhis service\\nAnswer. I was.\\n2d Question by same.\u00e2\u0080\u0094 Did you go with the vessel in the\\nexecution of his duties as inspector?\\nAnswer. I did.\\n3d Question by same.\u00e2\u0080\u0094 You have heard his statements on\\nhis examination on this occasion state if you concur in\\nthem?\\nAnswer \u00e2\u0080\u0094I have heard them, and do concur in them.\\nJOHN RICH. DRUMMOND.\\nSworn to and subscribed before me, a Justice of the Peace\\nfor Somerset County, Maryland, this 15th day of June, 1876.\\nHARVEY F. JOHNSON, J. P.\\nAttest\\nC. M. Dashiell, Clerk.", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0020.jp2"}, "21": {"fulltext": "15\\nCrisfield, Md., June 24th, 1876.\\nJohn Richard Drummond re-called by the counsel for\\nVirginia.\\n1st Question by Counsel for Virginia {Mr. Daniel). What\\nis your age, and where have you resided all your life\\nAnswer. My age is forty-eight. I have resided in Acco-\\nmac County, Virginia, all my life, with the exception of\\nfour years, from 1850 to 1854, I think.\\n2d Question by same.\u00e2\u0080\u0094 Have you been engaged in oyster\\ndredging from an early period of your life, and how long?\\nAnswer. I have been engaged in dredging from an early\\nperiod of my life, with the exception of the time I was absent\\nas above stated, up to 1873, when I became pilot for Captain\\n0. A. Browne, of the oyster steamer Tredegar.\\n3d Question by same. Were you well acquainted with Po-\\ncomoke Sound during that time, and were you acquainted\\nwith the enforcement of the oyster laws of Virginia in those\\nwaters\\nAnswer. I am thoroughly acquainted with the oyster\\nrocks and oyster grounds in Pocomoke Sound and I was\\nacquainted with the enforcement of the oyster laws ever since\\nI commenced.\\n4th Question by same. What State exercised jurisdiction,\\nas to oystering, in Pocomoke Sound during that period?\\nAnswer. The State of Virginia exercised tbe exclusive\\nright in Pocomoke Sound.\\n5th Question by same. Was there a law of Virginia\\nagainst dredging in waters under twenty feet, L e. against\\ndredging in tonging-grounds, during that period\\nAnswer. There was a law against it.\\n6th Question by same. Was the law, during that period,\\nloosely executed against citizens of Maryland and others?\\nAnswer. It was; and the reason was that the only mode\\nof executing the law then was either to hire or press a vessel\\nto aid in executing the law. The owners of the vessel would", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0021.jp2"}, "22": {"fulltext": "16\\nalways object to either, on the ground that the Baltimore\\nmarket was their only market at that time, and they were\\nafraid that the Marylanders would burn or scuttle their\\nvessel.\\n1th Question by same.-Did the Marylanders on Pocomoke\\nSound violate the oyster laws of Virginia, and did they\\nescape arrest, and how\\nAnswer.\u00e2\u0080\u0094 They did violate the law in Pocomoke Sound\\nand when they thought there was any danger of arrest, they\\nwould always go in shoal water, where the officers could not\\nget to them.\\nSth Question by \u00c2\u00a7ame.-Did you ever know, during tne\\ntime you speak of, any jurisdiction of the State of Maryland\\nto be exercised over Pocomoke Sound in enforcing the oyster\\nlaws of Maryland\\nAnswer. I never did.\\ntoh Question by same.\u00e2\u0080\u0094 State any instances you may re-\\nmember of arrests under the Virginia oyster law m Poco-\\nmoke Sound, and where the arrested parties were arraigned\\nand tried.\\nAnswer.\u00e2\u0080\u0094 I have been arrested twice for violating the Vir-\\nginia oyster law in Pocomoke Sound once in 1858, and\\nonce in 1864. The charge was for dredging in waters less\\nthan twenty feet, i. e. on tonging grounds. I was taken to\\nDrummondtown, Accomac County, and tried in the Court o\\nVirginia In 1858 I was arrested for dredging on Shell\\nRock, in Pocomoke Sound. In 1864 I was arrested for\\ndredging on Gravel Rock, in the mouth of Ape s Hole Creek,\\nin Pocomoke Sound. m\\n10th Question by same.\u00e2\u0080\u0094 Were there other arrests m Poco-\\nmoke Sound, during that time, under the Virginia laws?\\nAnswer.\u00e2\u0080\u0094 Yes, numbers of them. It was almost an every\\nyear occurrence. I think a search of the records will show it.\\nllth Question by same.-When did the oyster license\\nsystem of Virginia commence, as near as you remember?\\nAnsiver.\u00e2\u0080\u0094 In 1866 or 1867, I think.", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0022.jp2"}, "23": {"fulltext": "11\\n12th Question by same.\u00e2\u0080\u0094 Who were the first oyster in-\\nspectors? and when was Capt. 0. A. Browne appointed?\\nAnswer. The first oyster inspector aboard of the steamer\\nwas William Peed. The next was Jesse N. Jarvis. In 1873\\n0. A. Browne was inspector.\\n13th Question by same.\u00e2\u0080\u0094 Were you the pilot of his steamer\\nAnswer. I was.\\nltth Question by same.\u00e2\u0080\u0094 Did he enforce the oyster juris-\\ndiction of Virginia exclusively over Pocomoke Sound whilst\\nyou were his pilot\\nAnswer. He did.\\nIbth Question by same.\u00e2\u0080\u0094 Was Virginia laid off into oyster\\ndistricts, and which were the districts\\nAnswer. Virginia was laid off into three districts: the\\nfirst district was Hampton Koads and its tributaries the\\nsecond embraced the west side of Chesapeake Bay, from Old\\nPoint to the Potomac River the third extended from Cape\\nPoint to the Pocomoke Mud, as far as there were any oysters\\nin Pocomoke Sound, and Tangier Sound as far as the line\\nwhich was in operation between Lovett and Davidson,\\nlQth Question by same.\u00e2\u0080\u0094 Was there a chief inspector of\\nthese districts, and who was he?\\nAnswer. There was a chief inspector his name was\\nWilliam H. C. Lovett\u00e2\u0080\u0094 whose authority lasted through\\nPeed s and Jarvis s service, and for one year of Browne s\\nservice.\\n11th Question by same.\u00e2\u0080\u0094 Where did the Lovett-Davidson\\nline commence and terminate?\\nAnswer. It commenced at the house on Horse Hammock,\\non Smith s Island, and crossed Tangier Sound to Cedar\\nStraits, and ended at Cedar Straits.\\n18th Question by same\u00e2\u0080\u0094 -Where is the Pocomoke Mud, of\\nwhich you speak?\\nAnswer. It commences at Williams Point and comes\\nnearly to Sykes Island, to the northern end of said island.\\n12th Question by same.\u00e2\u0080\u0094 -Where does the sound head, and\\n3", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0023.jp2"}, "24": {"fulltext": "18\\nwhere does the Pocomoke river commence, and what is the\\ndistance between the two\\nAnswer. The Pocomoke Sound commences at Watts\\nIsland. Williams Point, we have always considered, was\\nthe mouth of the Pocomoke river, and that is the head of\\nthe sound. The Mud extends for four miles from Wil-\\nliams Point.\\nAnd further this deponent saith not.\\nJOHN RICH. DRUMMOND.\\nAttest\\nCM. Dashiell, Clerk.\\nDEPOSITION OF HARVEY F. JOHNSON.\\nCmsfield, Md., June 15, 1876.\\nHarvey F. Johnson, a witness on the part of the State of\\nMaryland, having been duly sworn, deposes and says\\n1st Question by Counsel for Maryland {Mr. Jones).-\u00e2\u0080\u0094 State\\nyour name, age, residence and occupation.\\nAnsiver.\u00e2\u0080\u0094 Mj name is Harvey F.Johnson; my age is\\nforty-nine years out, that is, I am in my fiftieth year. My\\nresidence is Somerset County, Maryland has been from my\\nbirth my occupation is now that of a farmer.\\n2d Question by same.\u00e2\u0080\u0094 Look upon those documents pur-\\nporting to be authenticated copies of your appointment and\\nqualification as Constable in Somerset County in June 1847,\\nand say if you are the person named as constable in them.\\nAnswer. I am.", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0024.jp2"}, "25": {"fulltext": "19\\n3d Question by same. State when you were first appointed\\nconstable, and how long you served in that capacity.\\nAnswer. In June, 1847, I was appointed constable for\\nSomerset County, Maryland, and served for eleven years suc-\\ncessively, by annual appointment and qualification.\\n4th Question by same. Did you, during the time you were\\nacting as such constable, make any arrests of schooners in the\\nwaters of Pocomoke Sound, charged with dredging therein in\\nviolation of the laws of the State of Maryland? If yea, state\\nthe names of such schooners, and the time or times at which\\nthey were arrested, and the particular place or places in\\nPocomoke Sound at which the arrests were made.\\nAnswer. In the spring of 1848 I arrested a schooner\\ncalled the Swan. I do not know where she hailed from\\nshe was a Philadelphia boat. I arrested her upon Travers\\nRock, which is on the north side of what is called the channel\\nof Pocomoke Sound, about south-east from the entrance of\\nthe narrows of Ape s Hole Creek, about two or two and a\\nhalf miles from mouth of Ape s Hole Creek. I brought the\\nvessel in Ape s Hole Creek. I carried the captain and crew\\nbefore Joshua H. Miles, a Justice of the Peace for Somerset\\nCounty, in the State of Maryland, there laid the charge before\\nhim against schooner, captain and crew. Upon investiga-\\ntion, the schooner was condemned. I am not sure whether\\nthe captain and crew were fined or not. I sold the vessel\\nunder judgment of condemnation, they not having appealed\\nin the time prescribed by law. My recollection is that she\\nwas bought by William T. Cullen, at forty-five dollars. I\\nthink she was brought up Ape s Hole Creek near Dow Law-\\nson s, and went to pieces after he bought her.\\nThe next schooners I arrested were in 1849. I think it\\nwas in the spring of 1849. I recognize the copies of two\\njudgments now shown to me as being in the handwriting of\\nJohn W. Handy, who was a justice of the peace for Somerset\\nCounty, Maryland, at the time the arrests were made and\\nthe judgments were rendered, viz. March 17th, 1849. (Said", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0025.jp2"}, "26": {"fulltext": "20\\njudgments are filed herewith, and marked Exhibits and D\\nin the Appendix.) I arrested War Eagle and Tippe-\\ncanoe on the north side of Poeomoke channel, on Ware\\nPoint and Gravel Rocks, about a mile and a half from the\\nshore I took the crews before John W. Handy I carried\\nthe vessels to Ape s Hole Creek, took off their sails and\\ndetained them. On trial, they were condemned for violating\\nthe oyster laws for the State of Maryland. There was no\\nappeal from the judgment of condemnation. I advertised\\nand sold them after the time limited for appeal had elapsed\\nClement R. Sterling, I think, purchased War Eagle. 1\\ndo not remember who purchased the Tippecanoe I re-\\nmember distinctly that there were several suits about he\\nWar Eagle, and that they were all compromised at llie\\nsame time.\\nI don t remember any other arrests of vessels made in\\nPocomoke Sound. I do remember arrests made by me in\\nTangier Sound.\\nQuestion by same\u00e2\u0080\u0094 State in what part of Somerset\\nCounty vou have resided from your birth.\\nAnswer.-! was born within two or three hundred yards\\nof Ape s Hole Creek, and have resided there all my lite.\\nFrom 1835 I commenced oystering, and continued to oyster\\nmvself until 1848. A\\n%th Question by same.-What was your father s name, and\\nhow old was he when he died, and where did he reside\\nand where did your ancestors reside since the first settlement\\nof Somerset County\\nAnswer\u00e2\u0080\u0094 My father s name was Isaac Johnson; lie was\\nseventy-one when he died; he resided in Little Annamessex\\nall his life. Have heard my father say that his ancestors\\nsettled near the head of Great Annamessex river, upon the\\nfarm now owned by John C. Horsey.\\n1th Question by same.- State any tradition you may have\\nheard from your father or others as to the dividing line\\nbetween Maryland and Virginia.", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0026.jp2"}, "27": {"fulltext": "21\\nAnswer. I have heard my father say the dividing line\\nwas the Pocomoke Sound channel.\\nSth Question by same. Have you heard it from other\\npersons? And state your own knowledge of the acts of ex-\\nercise of jurisdiction and use of the waters of Pocomoke Sound\\nby the citizens of Maryland and its authorities.\\nAnswer. I have heard this tradition from others. From\\n1835 to 1848 I was in the habit of oystering in that sound\\nmyself; and the citizens of the lower part of the county\\nused and oystered in it at the same time. We oystered all\\nover the Pocomoke Sound in common with the Virginians.\\nI, as one of the officers of the State of Maryland, made\\narrests up to the Sound channel for violation of the State\\nlaw in regard to the taking of oysters, and also for larceny,\\nwhich parties were convicted by our court. I arrested the\\nparty for larceny in 1848 I arrested the vessels in 1848 and\\n1849. The first vessel I arrested in the spring of 1848, and\\nthe second in 1849.\\n9th Question by same.\u00e2\u0080\u0094 State, if you recollect, any case of\\npursuing vessels for the purpose of arresting them for\\nviolating the laws of Maryland by dredging for oysters, and\\nof their escaping arrest by getting beyond Maryland juris-\\ndiction.\\nAnswer. I know of two cases. At the time 1 arrested\\nthe Swan, in 1848, there were two other vessels dredging\\non Travers Kock with her, which escaped by going across\\nthe Sound channel.\\n10th Question by same.\u00e2\u0080\u0094 State your knowledge of the use,\\nby citizens of Somerset County, of Pocomoke Sound by\\ntaking oysters therein since 1848, and down to what time,\\nwithout any interruption, that you know or have heard.\\nAnswer.\u00e2\u0080\u0094 Since 1848 up to 1861 I have heard of no inter-\\nruption by any Virginia authorities with Marylanders taking\\noysters from Pocomoke Sound. The Marylanders have fre-\\nquented that sound. I have been furnishing wood to oyster-\\nmen who reside on the border of the sound. I have seen", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0027.jp2"}, "28": {"fulltext": "22\\nthem engaged in taking oysters in the sound frequently,\\nwhile going up and down the sound.\\n11th Question by same.\u00e2\u0080\u0094 State the nature of the inter-\\nruption since 1861.\\nAnswer.\u00e2\u0080\u0094 1 have heard of military interference; also of\\nthe interference of Custis, when Riggin was shot. I have\\nno personal knowledge of the transaction I did not see it.\\n12th Question by same.\u00e2\u0080\u0094 Do you remember a survey across\\nAnnamessex\\nAnswer. I do remember that the survey was made. I do\\nnot recollect the time. The surveying party was at Mr.\\nJohn Bell s store, and went down to Mr. Benjamin Lank-\\nford s, and I went down to see them.\\nIMh Question by same\u00e2\u0080\u0094 Did you ever hear any tradition\\nof any boundary line between Virginia and Maryland having\\nbeen run, at any time, across Annamessex Neck?\\nAnswer. I have not heard of any.\\n\\\\Zth Question by same.\u00e2\u0080\u0094 Look at the paper now shown\\nyou, and say if it is an affidavit made by you as to the value\\nof the schooner Tippecanoe, and state whether it is the\\nschooner which you arrested in Pocomoke Sound.\\nAnswer.\u00e2\u0080\u0094 It is. I recognize the affidavit. I recollect\\nmaking it and the schooner Tippecanoe therein mentioned\\nis the. one I have mentioned as having been arrested in\\nPocomoke Sound.\\nCross-examination by Counsel for Virginia.\\n1st Question by Mr. Daniel.\u00e2\u0080\u0094 What was the charge made\\nbefore the magistrate against the Swan\\nAnswer. A violation of the oyster laws of Maryland by\\ncatching oysters by dredging.\\n2d Question by same.\u00e2\u0080\u0094 You say she was arrested about two\\nand a half miles from the mouth of Ape s Hole Creek how\\nfar was it from shore?\\nAnswer.\u00e2\u0080\u0094 About the same distance.", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0028.jp2"}, "29": {"fulltext": "23\\n3c? Question by same. What was the name of her captain?\\nAnswer, I do not know.\\n4th Question by same. Of what State was he a resident\\nAnswer. I do not know.\\n5th Question by same. Was she a licensed or enrolled\\ncraft, and of what port\\nAnsiver. I do not know as to either.\\nQth Question by same. Why do you say she was a Phila-\\ndelphia boat?\\nAnswer. She was claimed by a citizen of Philadelphia.\\nI do not know the name.\\n*Ith Question by same. How did they claim her\\nAnsiver. They were on board, and resisted my taking\\npossession of her.\\n8th Question by same. How do you know the parties on\\nboard owned the vessel, or were citizens of Philadelphia\\nAnswer. Only from what they said when I arrested\\nthem they claimed to be citizens of Philadelphia, and\\nclaimed the boat.\\n9th Question by same. Do you know what was the oyster\\nlaw of Maryland at that time as to non-residents\\nAnsiver. I do not, without reference to the law.\\n10^ Question by same. Who did you say bought her?\\nAnswer. ~l said I thought William T. Cullen bought her.\\n11th Question by same. Did the purchaser take possession\\nof her.\\nAnsiver. I suppose he did I don t know.\\n12th Question by same. Do you know why she was suffered\\nto lie until she went to pieces\\nAnswer. I do not know why.\\n13th Question by same. How far from the shore did you\\narrest the War Eagle and Tippecanoe\\nAnswer.\u00e2\u0080\u0094 About a mile, or mile and a half.\\n14th Question by same. Was a suit brought against you\\nand others at U. S. Court of Baltimore for seizure of these\\nvessels, or either of them", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0029.jp2"}, "30": {"fulltext": "24\\nAnswer I do not know. There was a suit against\\nothers whether I was a witness or defendant, I do not know.\\n\\\\m Question by some.\u00e2\u0080\u0094 What became of the suit?\\nAnswer It was compromised, I think.\\nUth Question by same.-Was there a suit for seizure of\\nboth vessels?\\nwer ._I think there was a suit for both vessels, and\\nboth suits were compromised at same time. _\\nnthQuesHmbysame.-Were the Virginians allowed to\\noyster on the Maryland side without any license?\\nAswer.-They did so. Don t know anything about their\\nlicense. c\\n18th Question by same.-Was there no law, of any sort,\\nenforced against them?\\nAnswer\u00e2\u0080\u0094 There was not, to my knowledge.\\nmh Question by same.- Do I understand you to say there\\nwas no interruption by Virginia authorities to Marylanders\\noystering in Pocomoke Sound from 1848 to 1861\\nAnswer.\u00e2\u0080\u0094 None to my knowledge.\\n2 Mft Q\u00c2\u00abesta same.-Do you know when the Maryland\\nor Virginia license law went into effect?\\nAnswer. No, sir, I do not.\\n21st Question by same.- What rock did you say you\\narrested the vessels upon\\nAnswer.\u00e2\u0080\u0094 Travers Rock.\\n22d 0\u00c2\u00abesf\u00c2\u00abm same. -What two vessels were they dredg-\\ning on Travers Rook that escaped across the Sound channel\\nAnsicer.\u00e2\u0080\u0094 I do not know.\\n23d Qaesto same.-Why were they not pursued\\nA\u00c2\u00ab,_Trom the fact that I did not believe that I had\\nthe right to pursue them. I thought the jurisdiction of\\nMaryland ceased at the Sound channel.\\n2*ft Questo 62/ same.-Did you think that the jurisdic-\\ntion of Maryland as to larcency had the same extent\\nAnswer.\u00e2\u0080\u0094 I did, sir.\\n25 fc e\u00c2\u00abes io\u00c2\u00bb 62/ same.- If the jurisdiction of Maryland", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0030.jp2"}, "31": {"fulltext": "25\\nextended to the middle of the channel, why is it that the\\nVirginians oystered on the Maryland side of the channel\\nWas not that a violation of Maryland law\\nAnswer. I know of no reason why they should do it,\\nunless the Marylanders did not object to their so doing and\\nif it was a violation of law, it was looked over.\\nRe-examination by Counsel eor Maryland.\\nQuestion by Mr. Jones. How were oysters taken, up to\\n1861?\\nAnswer. They were taken principally with tongs.\\nRe-cross-examination by Counsel for Virginia.\\n1st Question by Mr. Daniel. Do you know whether the\\npractice of dredging for oysters in the Chesapeake was in\\nuse in 1848 and 1849?\\nAnsiver. I think it was.\\n2d Question by same. Was there ever any suit for the\\nseizure of the u Swan\\nAnswer. I know of none have heard of none.\\nQuestion by Mr. Jones.\u00e2\u0080\u0094 Do you recollect that dredging\\nwas allowed in waters over twenty-one feet in 1848 and 1849,\\nby law\\nAnswer.\u00e2\u0080\u0094 I do not recollect that it was allowed by law at\\nall.\\nAnd further this deponent saith not.\\nHARVEY F. JOHNSON.\\nSworn to by the above-named Harvey F. Johnson, before\\nme, a Justice of the Peace for Somerset County, Maryland,\\nthis 15th day of June, 1876.\\nOLIVER S. HORSEY, J, P.\\nAttest\\nC. M. Dashiell, Clerk.\\n4", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0031.jp2"}, "32": {"fulltext": "26\\n1st Note.\u00e2\u0080\u0094 Is* Exception. -The record of proceedings m the\\nca\u00c2\u00abe of The Swan, which the witness says he arrested in\\nthe spring of 1848, not heing produced when required, excep-\\ntion was taken by Mr. Daniel, as counsel for Virginia, as to\\nthe proof of its contents, and of any action under it.\\nIn reply to the above exception is filed the following letter\\nfrom W. H. Brown, deputy Clerk of the Circuit Court for\\nSomerset County, Maryland, in reply to a request by I. D\\nJones, as counsel for Maryland, for a copy of the judgment,\\nby Joshua H. Miles, of condemnation of the schooner Swan,\\nreferred to by H. F. Johnson, as witness\\nPrincess Anne, June 16th, 1876.\\nDear Sir:\u00e2\u0080\u0094 Not noticing from what point Mr. Dashiell s\\nletter came, I answered you by the same day s mail at Balti-\\nmore, that Joshua H. Miles docket had never been filed m\\nthe clerk s office or if so filed, it has been lost. I made a\\nthorough search, going up stairs and overhauling the docket,\\nrunning back to the days of John H. Bell and Geo. M.\\nWilling fifty years back, but found no docket of Miles\\nYours very truly,\\nWm. H. Beown.\\n2d Exception.- Exception was taken by Mr. Daniel to the\\njustice s judgments in the ease of the State of Maryland\\nagainst schooners War Eagle and Tippecanoe as\\ninsufficient. Q M DASHIBLLj C i erk\\n2d Note.- Mr. Jones says copies of the record of U. S. Court\\nfor the District of Maryland, in the cases of Joseph D. War-\\ndell and Robert Cook vs. Clement B. Sterling, referring to\\nthe schooner AVar Eagle, and of Francis Lucas vs. Thos.\\nNelson, referring to the Tippecanoe, also a copy of the", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0032.jp2"}, "33": {"fulltext": "27\\nrecord of the Circuit Court for Somerset County in the case\\nof John Gyant vs. John Sale, referring to the schooner\\nEdmund S. Conner/ are all in his possession, and will be\\nproduced at the hearing before the Arbitrators.\\nC. M. DASHIELL, Clerk.\\nCrisfield, Md., June 17, 1876.\\nHarvey F. Johnson recalled by counsel for Virginia, and\\nfurther cross-examined.\\n1st Question by Counsel for Virginia (Mr. Daniel).\u00e2\u0080\u0094 In\\nmaking the arrests of which you have spoken in your former\\nexamination, was any legal warrant necessary, or were you,\\nunder the law, proceeding by virtue of your office, on your\\nown responsibility\\nAnswer. I was acting under the authority granted to me\\nin the law, which did not require a warrant.\\n2d Question by same.\u00e2\u0080\u0094 Who was engaged with you in taking\\nthe Swan\\nAnswer. I ca only tell you a few of them. My recol-\\nlection is that John T. Lawson, Sr., living at Ape s Hole, in\\nLawson s District, in Somerset County, was with me. I\\nthink Noah Sterling, Sr., was with me. I feel satisfied that\\nGeorge W. Sterling was with me.\\n3d Question by same.\u00e2\u0080\u0094 Was there any appearance before\\nthe magistrate, or in any way, by any person, to resist the\\nsale of the vessel\\nAnswer.\u00e2\u0080\u0094 There was. It was the gentleman purporting\\nto be the captain of the boat.\\nAth Question by same. Were all hands carried before the\\nmagistrate\\nAnswer. They were but I think there was one man left\\nto take care of the boat.\\nUh Question by same. On what ground did the defendants\\nresist the sale of the vessel", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0033.jp2"}, "34": {"fulltext": "28\\nAnsiver. I really don t remember, sir.\\nUh Question by same.- You say you obtained forty-five\\ndollars for the vessel with, whom did you account for the\\nnionev? T\\nAnswer.\u00e2\u0080\u0094 Aitev taking out for my own services, I applied\\nthe balance of the money to pay the expense of making the\\n^th Question by same.\u00e2\u0080\u0094 Bid you render any account of it\\nto any one and to whom\\nAnswer.\u00e2\u0080\u0094 To the parties engaged by me m making the\\narrest\\nSth Question by same.\u00e2\u0080\u0094 Did you render any account to any\\none else\\nAnswer \u00e2\u0080\u00941 did not, to my knowledge, from the fact that\\nthe law gives the parties the balance, after taking out the\\nexpenses^ the party making the arrest.\\n9th Question by same.-DiA you pay the Justice anything\\nfor his services\\nAnswer.-im. I paid the whole expenses\\n10th Question by same.\u00e2\u0080\u0094 Who, do you say, bought the\\nvessel?\\nAnswer.\u00e2\u0080\u0094 I think William T. Cullen bought her.\\nlltt Question by same.- Do you know why he made no\\nuse of her after buying her\\nAnswer.\u00e2\u0080\u0094 I do not.\\nnth Question by same.- Did you hear, that the owners\\nthreatened to take the vessel away from him\\nAnstoer .-I don t know that I heard in that particular\\ncase The general rumor was that boats condemned lor\\nviolation of the oyster law, belonging in Philadelphia or\\nPennsylvania, would be taken back when found.\\nISA Question by same.\u00e2\u0080\u0094 Who was engaged with you in\\ntaking the other two vessels, War Eagle and Tippe-\\ncanoe/ in 1849\\nAnswer.- Clement K. Sterling and Thomas Nelson, and a\\nvariety of other persons unknown to me at this time, whose\\nnames I cannot recollect at this time.", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0034.jp2"}, "35": {"fulltext": "29\\n14:th Question by same.\u00e2\u0080\u0094 Were suits brought against them\\nfor it?\\nAnswer. There were,\\n15th Question by same.\u00e2\u0080\u0094 In what court were they brought,\\nand what became of the suits\\nAnswer.\u00e2\u0080\u0094 Tney were brought in the U. S. Court for the\\nDistrict of Baltimore, and, I think, they were compromised\\nby consent of counsel, by the plaintiffs paying to the defen-\\ndants the amount of damages alleged by the defendants to\\nhave been received.\\nQuestion by same.\u00e2\u0080\u0094 How was that a compromise of\\nthe suits\\nAnswer. Those boats were sold by me as an officer of the\\nlaw, to Thomas Nelson and Clement R. Sterling. I think\\nthat Thomas Nelson was agent for a gentleman from Phila-\\ndelphia by the name of John Sale (that is my recollection),\\nto buy the schooner Tippecanoe. Clement R. Sterling\\nbought the War Eagle for the sum of eight hundred\\ndollars this is my recollection. I do not know what the\\nTippecanoe brought. That compromise was by the\\nplaintiffs paying the defendants the amount both boats\\nbrought at the sale and the costs of the suits.\\nl*lth Question by same. Did the owners get back both\\nboats\\nAnswer. I suppose so.\\n\\\\Wi Question by same. Were the suits ever brought to\\ntrial?\\nAnswer. I think not.\\n\\\\Wi Question by same. Do you know the grounds on\\nwhich the plaintiffs in those suits claimed to get back the\\nboats\\nAnswer. Only what they alleged, viz., that they were\\nout of the jurisdiction of the officers of Maryland.\\n20th Question by same. Did they claim to have been\\noystering in Virginia waters\\nAnsiuer.\u00e2\u0080\u0094 They did. At the time of their arrest, I do\\nnot know whether they did or not.", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0035.jp2"}, "36": {"fulltext": "30\\n2Ut Question by S a\u00c2\u00abe._When you carried the case before\\nthe magistrate, after seizing the War Bag e W\\nTippecanoe, was defence on that ground made before the\\nmagistrate\\nAnswer I don t know.\\n22rf Question by S me.-Did the vessels War Eagle\\nand Tippecanoe bring as much as they were worth when\\nyou sold them\\nAnswer.-I don t know what they were worth\\n23d Qwesto by same.- Was there a suit about the War\\nEagle, and a suit against the Tippecanoe, in U. b.\\nCourt in Baltimore\\nAnswer. I think there was.\\n24\u00c2\u00abft Question by same.-Wexe both suits embraced in the\\nsame compromise?\\nAnswer. I think they were.\\nAnd further this deponent saith not^ JQRm\\nSworn to by the above named Harvey F. Johnson, before\\nme a Justice of the Peace for Somerset County, Maryland,\\nthis nth day of June, 1876. f p\\nAttest\\nC. M. Dashiell, Clerk.", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0036.jp2"}, "37": {"fulltext": "31\\nDEPOSITION OF JOHN W. MARSH.\\nCrisfield, Md. 3 June 16th, 1876.\\nJohn W. Mabsh, a witness on the part of the State of\\nVirginia, having been duly sworn, deposes and says\\n1st Question by Counsel for Virginia (Judge Robertson).\\nPlease state how old you are, where you were horn, and\\nwhere you have resided up to the present time.\\nAnswer. I will be forty-nine years old the 16th of De-\\ncember, 1876. I was born on Smith s Island, near the centre,\\non a line from north to south, rather near the bay shore, on\\nthe land called Pitchcraft. I lived there\u00e2\u0080\u0094 that is the place\\nwhere I was born until I was about twenty-one years old.\\nI then married Peter Evans daughter, who was living\\non Horse Hammock, on Smith s Island, and I moved to that\\nplace. I lived at Horse Hammock from four to five years,\\nI think I am not positive as to the exact time. I then pur-\\nchased a part of Pitchcraft from Wm. Tyler, who lived on\\nthe Tyler land, on Drum Point Drum Point is on Tyler s\\nCreek, in Smith s Island. I lived there until 1857 I then\\nbought Horse Hammock from Peter Evans, and lived there\\nuntil 1864 or 1865\u00e2\u0080\u0094 until 1865, I think then I moved to\\nChesconnessex, in Accomac County, Virginia, where I still\\nreside.\\n2d Question by same.\u00e2\u0080\u0094 How far is the Tyler land, on\\nDrum Point (a part of which you say you purchased from\\nWilliam Tyler) from Horse Hammock and how is it sepa-\\nrated from Horse Hammock\\nAnswer. I suppose it is from two to two and a half miles\\ndistant. It is separated from Horse Hammock by Tyler s\\nCreek, which makes an elbow below Drum Point, and passes\\neastwardly along the southern bounds of Drum Point, and\\nbetween it and Horse Hammock. Tyler s Creek passes on", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0037.jp2"}, "38": {"fulltext": "32\\nboth sides of Drum Point the eastward branch, or elbow\\nthat I have spoken of, separating it from Horse Hammock\\non the south-east, and the other branch or main creek pass-\\nin- around Drum Point on the westward side, and going m\\na north-easterly or northern direction until it connects with\\nMister s Thoroughfare.\\nI bought Horse Hammock from Peter Evans by a line on\\nthe north running west from the stone on the Sound side,\\nabout three-quarters of a mile above the house hut I always\\nsupposed that the marsh land north of that boundary, as tar\\nup as Pock Creek, was originally part of the Horse Ham-\\nmock land and I have heard that the Tylers, who owned\\nDrum Point originally, owned also the land where Hamilton\\nBradshaw formerly lived, and my brother Benjamin\\nMarsh now lives and if that place be treated as part of the\\nDrum Point-Tyler land, that land would be separated irom\\nthis marsh land of Horse Hammock, above the line by which\\nI bouo-ht, by Rock Creek, which connects the Big Thorough-\\nfare with the elbow of Tyler s Creek, of which I have spoken\\nas being north of Horse Hammock connecting with the Big-\\nThoroughfare nearly amile (by the Sound and Big Thorough-\\nfare side) north of a stone from which the line was run by\\nwhich I bought Horse Hammock, and passing south-west-\\nwardlv into the elbow of Tyler s Creek, near to, or a little\\nsouth of, the line by which I bought. The marsh land of\\nwhich I have spoken as being, in my opinion, originally part\\nof the Horse Hammock land, has now on it some ridges ot\\nfirm land, which I suppose show where there was formerly\\nhigh arable land, judging by the stumps of trees which are\\nstill to be seen there, and the way in which I myself know\\nthat land has generally sunk on the island. I considered it\\nof little or no value when I bought Horse Hammock, and\\nwas therefore willing for the northern boundary to be put at\\nthe stone.\\nWhen I say Drum Point is two or two and a halt miles\\nfrom Horse Hammock, I mean from the Horse Hammock", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0038.jp2"}, "39": {"fulltext": "33\\nhouse, where is the only firm arable land now to be found on\\nHorse Hammock, being not more than about two acres in\\nquantity.\\n3c? Question by same. How much land is in the Tyler\\nland at Drum Point, exclusive of the place where Hamilton\\nBradshaw formerly lived, and where your brother now lives?\\nWhat proportion of it was fast or arable land, and what\\nproportion marsh and if any portion of said lands were or\\nare known by any other names, state what, and how such\\nportions were situated relatively to Drum Point proper?\\nAnswer\u00e2\u0080\u0094 Drum Point and Black Walnut Point are all\\none tract of land there are about twenty acres of arable\\nland on the two. There is another part of the Tyler land\\nat Drum Point called Oak Hammock, where Alexander\\nTyler now lives, containing about five acres of upland.\\nThese three comprise the land from Drum Point up to where\\nHamilton Bradshaw formerly lived, and where my brother\\nnow lives. Taken all together, they comprise about two\\nhundred acres, of which about twenty-five are arable, and\\none hundred and seventy-five are marsh.\\nIn saying that Drum Point and Black Walnut Point are\\none tract of land, I do not mean that they are owned by one\\nperson at present they have been sold to different parties.\\nI understand they, that is, Drum Point, Black Walnut Point\\nand Oak Hammock, were all originally owned by a man\\nnamed Tyler.\\nMix Question by same. How much land is in the place\\nwhere Hamilton Bradshaw formerly lived and your brother\\nnow lives, adjoining that you have just spoken of; and what\\nproportion of it is fast or arable land, and what proportion\\nof it marsh land\\nAnswer. I think there are about 10 acres of upland,\\nand about 190 of marsh land, making about two hundred\\nacres in all.\\nhtk Question by same.\u00e2\u0080\u0094 Did you ever hear who was the\\noriginal owner of this land\\n5", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0039.jp2"}, "40": {"fulltext": "34\\nAnswer. -I always understood the Tylers owned it-\\nthe same who owned the two hundred acres below, com-\\nmencing at Drum Point, I do not know how the Brad-\\nshaws got it, whether they bought it from the Tylers, or got\\nit by marriage with the Tylers. \u00c2\u00abj m :+v.\\nQuestion by same.-While yon were residing on Smith s\\nIsland, did yon ever hear anything about the bound ary hue\\nbetween the States of Maryland and Virginia? If so, state\\nfrom whom, and what you did hear about it.\\nAnsive r.-l always heard the line was three-quarters of a\\nmile north of Horse Hammock, at a stone, running east and\\nwest I always heard the line ran along m the direction of\\nParks Ditch, which connects Shanks Creek and Tyler s\\nCreek The lands south of that ditch have always been 1\\nhave heard, taxed in Virginia. The South Pom land\\nwhich extends from Parks Ditch to the southern extremity\\nof the island, has always been considered m/W\u00e2\u0084\u00a2-\\nhave heard that this was the line from everybody-from my\\ngrandfather John Evans, for one, who has been dead I\\nsuppose, twenty-five years. He was over sixty when he hed.\\nIt was the general opinion of all the old people on the\\nisland, that the line ran as I have described it. I never\\nheard it questioned or denied by anybody. William Tyler\\nwho lived on Drum Point, told me that he considered that\\nthe south end of the Drum Point and Black Walnut lands\\nwere in Virginia.\\n1th Question by same.-Did you ever hear anything about\\na house on the island where runaway marriages from Vi\\nginia and Maryland took place? If so, state what hou e it\\nwas, and what you heard as to the way in which couples\\nwere married there.\\nAnswer. -I have heard my grandmother and others speak\\nof it it was common talk. My grandmother was Mary\\nParks before marriage. She was a daughter of John Parks\\nwho owned this marriage-house at one time. Arthur Parks\\nwho was the father of John Parks, owned it, as I have heard,", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0040.jp2"}, "41": {"fulltext": "35\\nbefore John did. I have heard my grandmother say that\\nthere were two houses, standing north and south that there\\nwas a vacancy between them, and that the line ran between\\nthe two houses and that parties from Virginia went there\\nto get married in the house supposed to be in Maryland.\\n8th Question by same. Did you understand how the line\\nbetween the two States ran, from the stone you have men-\\ntioned, across Tangier Sound\\nAnswer. I always understood it ran an east course to\\nWatkins Point. I do not know where Watkins Point was.\\nI was with a surveying party once, with a Mr. Blunt, who\\nput signal poles up, the first pole at Jack s Hammock, the\\nmouth of Morumsco; the second on the south-west end of\\nSykes Island another on the point farthest south, on the\\neast side of Ape s Hole Creek, and Blunt said that that was\\nWatkins Point. I did not know whether it was or not I\\nhave heard some say that Watkins Point was on Jane s\\nIsland, and others that it was on Fox s Island.\\n$th Question by same. Do you know what portion of\\nTangier Sound was considered as being within the limits of\\nVirginia, and over what part of it Virginia exercised juris-\\ndiction\\nAnswer. As far as Big Island. Virginia exercised juris-\\ndiction as far as Big Island from Big Island, which is situ-\\nated just opposite to and near the stone I have spoken of as\\nbeing near three-fourths of a mile from Horse Hammock,\\nacross to Jane s Island.\\n10th Question by same.\u00e2\u0080\u0094 -Did Maryland ever exercise juris-\\ndiction over any part of Tangier Sound south of the line you\\nhave described, from Big Island across to Jane s Island?\\nAnswer. None that I know of. This part of the sound\\nwas always considered as being within the limits of Virginia.\\nI know of one case where a vessel was taken south of that\\nline it was the schooner Fashion, taken by John Cullen.\\nI do not remember any other case. The u Fashion was\\nowned, I think, by John Tyler and William Griffin Hoffman.", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0041.jp2"}, "42": {"fulltext": "36\\nI am not sure Hoffman was an owner he was on board\\nwhen she was taken by Cullen. v\\nUth Question by same.-ln what State were F.lliby s Rock\\nand the Great Rock in Tangier Sound considered to be,\\nVirginia or Maryland\\n^wer Thev were considered to be in Virginia.\\nUth Question by M me.-What was your occupation while\\nvou lived on Smith s Island, and what opportunities did you\\nhave of learning what portion of Tangier Sound was con-\\nsidered to be in Virginia, and what portion m Maryland\\nAnswer _I commenced following the water when I was\\ntwelve years old. I did not follow it steadily while so\\nyoun- I stayed at home some time and went to school. I took\\ncharge of a vessel as captain at eighteen years old. My first\\nbusiness was dredging for oysters, in Tangier Sound most y.\\nI continued the oyster business steadily until about 1846\\nthen I would stay at home a while, and afterwards would\\nstart out again in the oyster business I ed\\nkeeping store at Horse Hammock in 1858, 1 think, and con-\\nSK in that business until 1865. I was in constant com-\\nmunication with the oystermen they were my customers,\\nand thev were mostly dredgers.\\nISA Question by seme.- Did you ever hear anything said\\nabout a cedar stump, near the stone which you have referred\\nto as being about three-quarters of a mde above Horse\\nHammock? If so, say from whom, and what you heaid about\\nlt Answer.- 1 heard William Tyler, and Thomas Tyler his\\nbrother, say that when they were small boys they were taken\\nto the Sound side, near where the boundary stone was (the\\none three-quarters of a mile above the Horse Hammock house),\\nby an old Mr. Joseph Crockett, a very old man at that time\\nand there was a stump there, and Mr. Crockett told one o\\nthem to break off a piece of the stump and see if i was not\\nred cedar they broke off a piece, and it was red cedar 1 hey\\nsati thatMr. Crockett then said that he would ma.e oath", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0042.jp2"}, "43": {"fulltext": "37\\nthat he was right on the State line between Maryland and\\nVirginia. They said he then took both of them and ducked\\nthem in the water. Wm. Tyler and John Tyler were both\\ntogether at my house when they told me that. I was then\\nliving at Drum Point, on the parcel of land I bought from\\nWilliam Tyler. William Tyler was living at the time at\\nDrum Point, and Thomas Tyler was living at Black Walnut\\nPoint, the one on one side of me and the other on the other\\nside. They were both of them then old men they both have\\nbeen dead some time. I think Thomas Tyler was in the\\nneighborhood of seventy years old, and William Tyler was\\nsixty-odd, at the time of this conversation with me.\\n14th Question by same. Do you know, or did you ever\\nhear of any place on Smith s Island called Home Hammock?\\nAnswer. No, sir, I never heard of any such place on\\nSmith s Island.\\n15^ Question by same.\u00e2\u0080\u0094 Was Horse Hammock or any part\\nof it ever called by any other name than Horse Hammock, so\\nfar as you know, or have heard?\\nAnswer. I have heard it was called Horse Island. I never\\nheard it called any other name than Horse Island and Horse\\nHammock. I have heard old people say that a long time it\\nwas called Horse Island in the Coast and Pilot.\\n16th Question by same. What lands were embraced in what\\nwas called Pitchcraft (or Pittscraft)\\nAnswer. I always understood it was the land from the\\nsouth side of Mister s Thoroughfare down to Drum Point and\\nRogue s Point. Rogue s Point is farther west, and somewhat\\nnorth of Drum Point. Drum Point and Rogue s Point were\\nconsidered a part of Pitchcraft.\\nCross-examination by Counsel for Maryland.\\n1st Question by Mr. Jones. Who now occupies the house\\nwhere you were born\\nAnswer. Francis Evans, my uncle.", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0043.jp2"}, "44": {"fulltext": "38\\n2d Question by same.\u00e2\u0080\u0094 How many acres did you buy of\\nWilliam Tyler\\nAnswer.\u00e2\u0080\u0094 I suppose it was four acres.\\n3d Question by same.\u00e2\u0080\u0094 Who occupies that house on that lot\\nAnswer.\u00e2\u0080\u0094 Pbuilt the house, and sold the house and lot to\\nJames T. Evans, who has since sold it to William Evans, his\\nS \u00c2\u00b04i/i Question by same.\u00e2\u0080\u0094 Is there any house, or houses, south\\nof the last mentioned house and lot on Drum Point?\\nAnswer.\u00e2\u0080\u0094 -There is one dwelling.\\nUh Question by same.\u00e2\u0080\u0094 -Who occupied it when you bought\\nit from William Tyler\\nAnswer.\u00e2\u0080\u0094 William Tyler himself.\\n6th Questionby same.\u00e2\u0080\u0094 Did your lot extend from creek to\\ncreek\\nAnswer\u00e2\u0080\u0094 Marsh was on the east of my house, and lyLer s\\nCreek on the west.\\n7th Question by same.\u00e2\u0080\u0094 Did William Tyler own all south\\nfrom where you purchased on Drum Point\\nAnswer. Yes, sir.\\nSth Question by same.\u00e2\u0080\u0094 -How many acres did he retain\\nAnswer. I do not know, sir, how many I bought four\\nacres, and I do not think he had more than five acres of up-\\nland left.\\n9th Question by same.\u00e2\u0080\u0094 Where were the lands which you\\npurchased from William Tyler assessed\\nAnswer \u00e2\u0080\u0094All Drum Point was taxed in Maryland as part\\nof Pitchcraft. I have heard William Tyler talk of paying\\ntaxes in Virginia, but what it was on I do not know. He\\npaid taxes on the place where he lived, in Somerset County.\\nlMi Question by same.\u00e2\u0080\u0094 When you purchased Horse Ham-\\nmock from Peter Evans, where was the deed recorded?\\nAnswer.\u00e2\u0080\u0094 In Princess Anne, in Somerset County.\\nUth Question by same. -Whilst you resided on Horse Ham-\\nmock, and kept store there, where was the land upon which\\nyou dwelt, where your store was situated, assessed and taxed t", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0044.jp2"}, "45": {"fulltext": "39\\nAnswer. In Somerset County, Maryland.\\n12th Question by same. Who lives upon the property\\nwhere William Tyler lived and died\\nAnswer. Benjamin Bradshaw William Tyler devised it\\nto him.\\n13th Question by same. Where did Butler Tyler live?\\nAnswer. He lived on Drum Point and Black Walnut\\nPoint tract of land the house stood near the graveyard, but\\nhas gone down this I have heard. Butler Tyler died before\\nmy recollection.\\n14th Question by same\u00e2\u0080\u0094 Did William D. Bradshaw own\\nany Tyler land\\nAnswer. I have heard that the tract his father, Hamilton\\nBradshaw, left him used to belong to the Tylers. This was\\nnot a part of Drum Point or Black Walnut Point it is\\nnorth of these places.\\nlbth Question by same\u00e2\u0080\u0094 Did you hear William Tyler say how\\nmany acres of his land were in Virginia?\\nAnswer. No, sir, I did not he simply said the south end\\nof it was in Virginia.\\n16th Question by same. On what rocks did you dredge\\nAnswer. I used to dredge on Great Island, Great Rock,\\nFilliby s Bock, and Woman s Marsh Rock. Woman s\\nMarsh Rock is south of Horse Hammock it extends from\\nHorse Hammock Point nearly to Tangier Island. Great\\nRock is east of Horse Hammock, and bears south of an east\\ncourse, and on the east side of Tangier Sound.\\n11th Question by same. How came you, a citizen of Mary-\\nland, to dredge upon the rocks you have mentioned, which\\nyou state were considered to be in Virginia?\\nAnswer. -Because it was my interest to dredge there and\\nI did not feel that I was in any danger, because, although\\nI was taxed in Maryland, I believed I lived in Virginia, and\\nI thought if it came to a test it would be shown I lived in\\nVirginia, although the place where I lived was taxed in\\nMaryland. I always took vessel license out in Virginia", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0045.jp2"}, "46": {"fulltext": "40\\nwhile I lived at Horse Hammock. I am not sure whether I\\never took dredging license out in Virginia while I lived at\\nHorse Hammock. I know I did not take out dredging\\nlicense in Maryland while I lived at Horse Hammock\\n18ft Question by aarae,\u00e2\u0080\u0094 Did, or not, other citizens of Mary-\\nland oyster upon the same rocks where you oystered? _\\nAnswer.\u00e2\u0080\u0094 Only those who supposed they lived within the\\ndisputed waters. vv\\n19ft Question by same.-Weve not Great Rock and Filliby s\\nRock claimed by Maryland authorities to he in Maryland\\njurisdiction in 1848, 1849, and 1850, and subsequently\\nAnswer.\u00e2\u0080\u0094 Great Rock was not and only a part of Filliby s\\nwas claimed to be in Maryland.\\n20ft Question by same.- Where was the Fashion charged\\nwith having been dredging when she was arrested\\nAnww.\u00e2\u0080\u0094 On Filliby s Rock, to the best of my knowledge.\\nI did not see the arrest.\\n21** Question by same.\u00e2\u0080\u0094 By whom was the arrest made t\\nAnswer.\u00e2\u0080\u0094 By John Cullen, I have heard.\\n22d Question by same.-Undev which State was he an officer\\nwhen the arrest was made?\\nAnswer.\u00e2\u0080\u0094 Under Maryland.\\n23d Question by same.\u00e2\u0080\u0094 Did you own vessels all the time\\nyou were living at Horse Hammock\\nAnswer. Yes, sir.\\n24ft \u00c2\u00a7uesfo on by same.\u00e2\u0080\u0094 Were not those vessels taxed in\\nMaryland with your other personal property\\nAnswer I do not recollect whether they were or not.\\n25ft Question by same.- Is there any other house upon the\\nlands which belonged to William Tyler, where Benjamin\\nBradshaw now lives, except the one occupied by Benjamin\\nBradshaw\\nAnswer. No, sir.\\n26ft Question by same.\u00e2\u0080\u0094 Has there ever been any other\\ndwelling on that land where William Tyler lived, since his\\ndeath, except the one in which he resided", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0046.jp2"}, "47": {"fulltext": "41\\nAnsiver. None since his death, hut there was one before,\\nbuilt by John Tyler of Severn, which was burnt down about\\nfifteen or twenty years ago. I had forgotten this last men-\\ntioned house until your last question recalled it to my mind.\\n27th Question by same. Did you ever pay a tax on your\\nstore goods, that is, a license, to any Virginia authorities\\nwhile you resided at Horse Hammock\\nAnswer. Not that I recollect of.\\n28th Question by same\u00e2\u0080\u0094 Did you pay any tax on your\\nhouse and lot at Horse Hammock where you resided, while\\nyou resided there, to any Virginia authorities?\\nAnswer. None that I recollect of.\\n29th Question by same. Where did you get your license\\nto retail store goods while you lived at Horse Hammock?\\nAnswer. At Princess Anne, Maryland.\\n30^ Question by same. Did you live at Horse Hammock in\\n1858-1859 and 1860?\\nAnswer. Yes, sir.\\nRe-examined by Counsel for Virginia.\\n1st Question by Judge Robertson. You said, in answer to a\\nquestion asked you on cross-examination, that William Tyler\\nsaid the south end of his land at Drum Point was in Vir-\\nginia. What was the most southern part of that land the\\nspot at Drum Point where his house was, or some other part\\nof the land\\nAnswer. It was the part that lay between where the house\\nstood on Drum Point, and the elbow of Tyler s Creek, of\\nwhich I have spoken in my examination in chief. It is\\nshelly land. Indian banks were once there marshes are\\nconnected with it, but the shell-banks are higher than the\\nmarsh. I cannot estimate the quantity of this part of the\\nland, nor do I recollect the name of it, although I think\\nthere was a name for it.\\n2d Question by same.\u00e2\u0080\u0094 In answer to the question (upon\\n6", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0047.jp2"}, "48": {"fulltext": "42\\nyour cross-examination) whether other citizens of Maryland\\noystered upon the same rocks where you oystered, you said\\nonly those who supposed they lived within the disputed\\nwaters Will you explain what you meant by tttis answer\\nlnsM)er _I did not think I lived in Maryland, although the\\ndeed for my place was recorded in Maryland. I always\\nthought that Horse Hammock was in Virginia. By living\\nwithin disputed waters, I meant working, in disputed\\nwaters. Some said the line was up to Mister s Thorough-\\ntare some said it was below, as far as Cedar Straits, ibis\\ndispute has only been within late years; in former years the\\nline was always considered to be where 1 have described it\\nelv from the stone above Horse Hammock, running east\\nnam\\n3c/ Question by same.\u00e2\u0080\u0094 Will you explain how it was, be-\\nlieving as you did that Horse Hammock was in Virginia,\\nyou came to have your deed for the place recorded in Mary-\\nland, and to pay your taxes in Maryland instead of Vir-\\n\u00c2\u00a7l Answer -I beard that the old right of Horse Hammock\\nwas recorded in Accomac County, Virginia, and that one\\nJohn Tyler lived at Horse Hammock, whom the people ot\\nSmith s island wished to be their magistrate, and that he\\nchanged the right, and had it recorded in Princess Anne,\\nMaryland, and be was appointed magistrate by Maryland\\nauthorities-and that that was the way that Horse Hammock\\nwas changed from Virginia to Maryland. That was a great\\nmany vears before I bought the land. When I bought tne\\nland I found it recorded in Maryland. I was aware it was\\nrecorded there, and that Peter Evans, from whom I pur-\\nchased the land, paid bis taxes there. I thought, as long as\\nit was recorded in Maryland, it might stay there. _ _\\nW Quezon by same.\u00e2\u0080\u0094 Were the sheriffs of Virginia in the\\nhabit of coming to Smith s Island to collect taxes\\niwmer _Not within mv recollection. I do not remember\\never seein- a sheriff from Virginia on Smith s Island while", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0048.jp2"}, "49": {"fulltext": "43\\nI lived there. They would sometimes send their taxes there\\nto be collected. Chesconessex or Onancock is about the\\nnearest point of the Accomac peninsula, where most of the\\ncounty lies, some twelve miles distant by water. The\\ncounty-seat of Accomac is Drumraondtown, some eighteen\\nmiles from Smith s Island, of which twelve are by water.\\n5th Question by same. If you now remember anything\\nyou have heard bearing upon the question whether Horse\\nHammock was considered to be in Virginia or not, please\\nstate it.\\nAnswer. I have heard William Tyler say that he had\\npaid taxes on Horse Hammock in Virginia. William Tyler\\nwas the person who sold Horse Hammock to Peter Evans.\\nRe-cross-examination by Counsel for Maryland.\\n1st Question by Mr. Jones. Where did you vote before you\\nremoved from Horse Hammock to Chesconessex?\\nAnswer. I voted on Smith s Island, while I lived at\\nHorse Hammock.\\n2d Question by same. At what place on Smith s Island\\ndid you vote and whether the candidates for whom you\\nvoted were citizens of Maryland or Virginia?\\nAnsiver.\u00e2\u0080\u0094 The polls were held at Severn Bradshaw s, near\\nthe Church, south of Mister s Thoroughfare. The candidates\\nfor whom I voted were citizens of Maryland.\\n3c? Question by same. Did your children go to the Mary-\\nland schools on Smith s Island?\\nAnsioer. There was no free school while I was there. I\\nhad a daughter whom I sent to school at Onancock, while I\\nwas living at Horse Hammock.\\ntth Question by same. Did you not know, or hear while\\nyou resided at Horse Hammock, that in 1860, the Legisla-\\nture of Maryland, by an Act of Assembly, declared that the\\nboundary line between Virginia and Maryland was a line\\nfrom Smith s Point to Cedar Straits?", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0049.jp2"}, "50": {"fulltext": "44\\nAnswer.\u00e2\u0080\u0094 No, sir, I never heard it.\\n5ft Question by same.-Did you believe that by the appoint-\\nment of a resident of Virginia, a Justice of the Peace by\\nMaryland, and his having his right recorded m Maiyland,\\nthe State line could be changed?\\nAnswer.\u00e2\u0080\u0094 No, sir.\\n6ft Question by same.-How then could the hearing of the\\nappointment of John Tyler, a Justice of the Peace by Mary-\\nEd, inflnence yon to have yonr deed for Horse Hammock\\nrecorded in Maryland\\nl^.-I had heard that, but I did not know whether it\\nwa s a fact or not. As Peter Evans, -from whom I bought\\ntTe land had Uis dee d recorded in Maryland, I took it in\\n\u00e2\u0080\u0094Did you understand WiHiam Tyler\\nto intend to say that he paid taxes to V.rginia for he land\\nwhere the dwelling on Horse Hammock stood, or on the\\nmarsh lying to the south of the high land?\\nZwer -He said he paid taxes on Horse Hammock; he\\ndid not say whether it was marsh or upland I supposed he\\n\u00c2\u00a3eant the upland as well as the marsh. The marsh was of\\nbut little or no value.\\n,th Question by same .-Did you pay toe. upon your store\\nlicense and land at Horse Hammock for the years of 1859\\nand 1860 to Mr. W. 8. Oustis, Sheriff of Accomac County,\\nhe bein- at your residence at Horse Hammock f\\niSr-Sot that I recollect of. I have no recollection\\nof paying Mr. Oustis any taxes there\\ndth Question by same Did you evei bee\\nSmith s Island during 1859 or 1860?\\nAnswer.\u00e2\u0080\u0094 Not that I recollect of.\\nRe-examined by Counsel for Virginia.\\n1st Question by Judge Robertson.- Mr William Samuel\\nOustis, in a deposition given by him about a year ago,", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0050.jp2"}, "51": {"fulltext": "45\\nstated that he collected taxes in 1859 at Horse Hammock\\nfrom John M. Marsh, who was the only person that then\\nlived there, and that the taxes were upon his store license\\nand land, as appears hy a printed copy of his deposition\\nnow before me. The M no doubt is a misprint for W in\\nyour name. Are you to be understood as denying the truth\\nof Mr. Custis s statement, or merely as saying that you do\\nnot yourself now recollect the fact testified to by him as to\\nyour payment of taxes to him?\\nAnswer. I do not deny the truth of his statement, but I\\nhave no recollection of it whatever. I do not recollect\\nwhether I paid him the taxes or not.\\n2d Question by same. At what place did those who lived\\nin the Virginia part of Smith s Island vote when they cast\\ntheir votes in Virginia elections and did you ever vote in\\nVirginia while you lived at Horse Hammock\\nAnsiver. They voted at Drummondtown. I voted at\\nDrummondtown for Governor Wise. I do not recollect\\nwhether I was living at Horse Hammock. I think I voted\\nfor Mr. Wise for Governor. Several of us who supposed we\\nlived in Virginia went over to Mr. Wise s, and he carried us\\nout from his residence near Onancock to Drummondtown,\\nwhere we voted for him. I was living at Smith s Island at\\nthe time.\\nAnd further this deponent saith not.\\nJOHN W. MARSH.\\nSworn to and subscribed by the above named John W.\\nMarsh, before me, a Justice of the Peace for Somerset County,\\nMaryland, this 16th day of June, 1876.\\nOLIVER S. HORSEY, J. P.\\nAttest\\nCM. Dashiell, Clerk.", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0051.jp2"}, "52": {"fulltext": "46\\nDEPOSITION OF BENJAMIN THOMAS.\\nCriseield, Md., June 17, 1876.\\nBenjamin Thomas, a witness on the part of the State of\\nMaryland, having been duly sworn, deposes and says\\nUt Question by counsel for Maryland (Mr. Jones) .-State where\\nyou were born, and where you have resided all your life and\\nwhat is your age and occupation.\\nAnswer J was born on Jane s Island, State of Maryland,\\nSomerset County. I am about sixty years of age. My occu-\\npation is oystering and fishing. All my life I have resided\\non Jane s Island, was born, and have lived there all my life\\n2d Question by same.- What was your father s name, and\\nwhere did he reside?\\nAnswer.\u00e2\u0080\u0094 His name was Thomas Thomas, and he resided\\non Jane s Island.\\n3d Question by same.-Wheve was he born, as you have\\n^Amwer.\u00e2\u0080\u0094To the best of my knowledge, I have heard he\\nwas born there, on Jane s Island.\\n4th Question by same.\u00e2\u0080\u0094 What was his father s name?\\nAnswer.\u00e2\u0080\u0094 His father s, my grandfather s, name was Ben-\\njamin Thomas.\\nm Question by S \u00c2\u00abme.-Where is the house in which you\\nreside situated, and how far is it from Tangier Sound\\nAnswer __It is situated on the western end of Jane s Island\\nabout one hundred and forty to fifty yards from the Sound\\n8l(l m Question by same.-Bo you own the house and land on\\nwhich von live if yea, how did you obtain title to it\\nAnswer. I do own it I got it from my lather the house\\nI had built myself.\\nTth Question by same.-From whom did your father obtain\\nit?", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0052.jp2"}, "53": {"fulltext": "47\\nAnswer. He got it from his father in some manner, I don t\\nknow how.\\n8th Question by same. How old was your father when he\\ndied?\\nAnswer. Somewhere near eighty.\\n9th Question by same. How old was vour mother when she\\ndied?\\nAnswer. She was about ninety a very old woman.\\n10th Question by same. Do you know what her maiden\\nname was\\nAnswer. Her maiden name was Betsy Conner.\\nWth Question by same. Did you ever hear from your\\nfather, or mother, or any of the old people of your acquaint-\\nance, of any boundary line between Virginia and Maryland,\\ncrossing Jane s Island\\nAnswer. I never did, sir I never heard of any line\\ncrossing the island. I always heard my father and mother say\\nthat Jackey Tyler, who owned the house at Horse Hammock,\\ntold them that the line went through this house.\\n12th Question by same. How long has your father been\\ndead\\nAnswer.\u00e2\u0080\u0094 About twenty-two or three years.\\n13th Question by same. How long has your mother been\\ndead?\\nAnswer. About fifteen years.\\nlMh Question by same. Did you ever hear of any line, as a\\nboundary between the two States, having been run, in old\\ntimes, across any part of Annamessex Neck?\\nAnswer. I never did never heard it, sir.\\nlbth Question by same. Who lived on Jane s Island when\\nyou first recollect.\\nAnswer. My grandmother, whose name was Sally Thomas.\\nAfter my uncle died she continued keeping house in her own\\nhouse the frame of the house is there yet.\\n16th Question by same. How old was she when she died?\\nAnswer. I do not know she was a very old woman, but", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0053.jp2"}, "54": {"fulltext": "48\\nI cannot say how old she was. I recollect her I have seen\\nher, when I was very small.\\n17* Question by same.- Name any other persons who\\nBT \u00c2\u00a32r t -iS name any others who lived on the island\\n^Wbatwa, your grandmother s hus-\\nband s name\\nAnswer.\u00e2\u0080\u0094 Benjamin Thomas.\\n1M Qu^on by S am, T Have yon heard where he was\\nborn\\njT^i^H- Jane s Island been washed\\nawav within your recollection, and to what extent r\\nAnswer.- Some, sir. One place I know, my recolhaet on\\nis washed in fifty yards. This place is right against\\n^ra^-Are there stumps of trees in the\\nthumps in the woods, if yon should cut the trees down\\nnow.\\n22cf \u00c2\u00a7Mes\u00c2\u00abion 63/ same.\u00e2\u0080\u0094 Are they large stumps\\nAnswer.\u00e2\u0080\u0094 Some are very large.\\n23d Quesiion by S ame.-How many families have you e^et\\nknown to reside on Jane s Island\\nAnswer.- 1 know four or five families have lesidea\\nthere, since my recollection.\\nCross-examination by Counsel eor Virginia.\\n1st Question by Mr. iW.-Have yon, or not, heard of a\\nline between tire States, running from Jane s Island to\\nSmith s Island?\\nA n \u00c2\u00abtner I never have, sir.\\nQuestion by same.-Did you know of a suit against", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0054.jp2"}, "55": {"fulltext": "49\\nJohn Cullen for seizing the schooner Fashion for dredging\\nin the sound between Smith s Island and Jane s Island?\\nAnswer. I think I heard, some talk of it, sir, but I\\nknow nothing else about it.\\n3d Question by same. Do you know where the Fashion was\\nsaid to be dredging when she was seized\\nAnswer. I don t, sir I have never heard of the place\\nwhere she was seized.\\n4th Question by same. Do you know, or have you heard, of\\nany question raised in that case as to where the line between\\nthe States ran between Jane s Island and Smith s Island\\nAnswer. I do not know. I heard so much going on about\\nit, I did not pay any attention.\\nhth Question by same.-- -Did you learn the result of the suit\\nAnswer. I did not.\\n6th Question by same. You say there are a great many\\nstumps in the water near Jane s Island have you heard\\nfrom old people, or in any way, how the stumps came to be\\nthere, instead of trees\\nAnswer.\u00e2\u0080\u0094 I have heard old people say there used to be a\\nwoods there, thick at one time. Great many of the trees were\\ncut down it is plain enough to see that the trees were cut the\\nstumps are under the salt water in many cases the water\\npreserves them there is fine light-wood now in many of them.\\n7th Question by same. Did you hear from old people, or\\notherwise, how far into the sound, from Jane s Island, these\\nwoods, or the land, extended?\\nAnswer. No, sir I never heard them say how far.\\n8th Question by same. Did you ever know or hear of a\\nline being run from Pocomoke river to Jane s Island by\\nMichler, or De la Camp, about the year 1858, and where\\nthat line was run on Jane s Island?\\nAnswer. I never did hear of any such line.\\nAnd further this deponent saith not.\\nBENJAMIN THOMAS.\\n[His mark.]\\nWitness C. M. Dashiell.\\n7", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0055.jp2"}, "56": {"fulltext": "50\\nSworn to, by the above named Benjamin Thomas, before\\nme, a Justice of the Peace for Somerset County, Maryland,\\nthis 17th day of June, 1876. _ _\\nOLIVER S. HORSEY, J. P.\\nAttest\\nC. M. Dashiell, Clerk.\\nDESPOSITION OF JOHN W. HANDY.\\nCrisfielb, Md., June 17th, 1876.\\nJohn W. Handy, a witness on the part of the State of\\nMaryland, having been duly sworn, deposes and says\\n1st Question by Counsel for Maryland {Mr. Jones).\u00e2\u0080\u0094 Give your\\nfull name, place of birth, residence, and age, and state where\\nyou have resided all your life. _\\nAnswer\u00e2\u0080\u0094 My full name is John Whittington Handy; 1\\nwas born at Johnson s Creek, otherwise called Ape s Hole\\nCreek. I am about seventy years old. I have resided within\\nhalf a mile of Ape s Hole all my life.\\n2d Question by same.-SteM what offices you have held\\nunder the State of Maryland\\nAnswer. -I have been Deputy Sheriff, Constable, and\\nJustice of the Peace.\\nU Question by same.\u00e2\u0080\u0094 Were you a Justice of the Peace m\\n1848 and 1849?\\nAnswer.-Yes, sir, I was a Justice of the Peace in 1848\\nand 1849.\\n4th Question by same.-Look upon the two papers now\\nshown you purporting to be judgments rendered by John W.\\nHandy, and say if you recognize them?", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0056.jp2"}, "57": {"fulltext": "51\\nAnswer. Yes, sir they are in my handwriting, and\\nwere rendered by me as Justice of the Peace.\\n5th Question by same. State the circumstances under which\\nthose judgments were rendered, and what was the offence\\nfor which the vessels named in them were condemned?\\nAnswer. Mr. Harvey F. Johnson was the constable who\\ncaptured the vessels he brought the captain and crews be-\\nfore me. I don t think they paid the fine he carried\\nthem to jail. The vessels were charged with dredging for\\noysters, contrary to the law, in Pocomoke Sound, in the waters\\nof Maryland. That was the proof before me.\\n6th Question by same. State where the vessels were owned.\\nAnswer. I don t think there was any proof as to their\\nownership am pretty certain there was none.\\n7th Question by same. Have you any knowledge of the sale\\nof the vessels under the judgments of condemnation?\\nAnswer. I have none they were sold, as I was informed.\\n8th Question by same. Have you any recollection about the\\ncase against the schooner Betsy Anne, of Cherrystone?\\nAnswer.\u00e2\u0080\u0094 I recognize the copy of the judgment shown me\\nnow (State of Maryland vs. Schooner Betsy Anne, of\\nCherrystone) as rendered by me. I have no recollection as to\\nwhere she was taken.\\n(Said judgment is herewith filed, and marked Exhibit B\\nin the Appendix,)\\n9th Question by same. State if you recollect the circum-\\nstances of the capture of the schooner Edmund S. Conner,\\nof Philadelphia, and of the trial of the said schooner, and\\nof the captain and crew, for catching oysters, and having\\nunlawful instruments on board, contrary to the laws of the\\nState of Maryland\\nAnswer. I was summoned by Harvey F. Johnson, the day\\nbefore she was captured, to go with him and assist in cap-\\nturing any vessel that was found dredging in the waters of\\nMaryland. There were several captured that day, and among\\nthem the Edmund S. Conner she was taken in Tangier", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0057.jp2"}, "58": {"fulltext": "52\\nSound I was present when she was captured, and went on\\nboard of her after she was captured. The capturing vessels\\nwere two, or three, manned and armed there must have been\\nfrom fifty to a hundred persons on board the several cap-\\nturing vessels we had a swivel on board, and we fired upon\\nthe Conner several times before she was taken. The men\\nwere brought before me and were fined, and the schooner\\nwas condemned and sold. The result of these captures was\\nto break up the Philadelphians from dredging m our waters.\\nPrevious to this time nobody was safe on those waters\\nwomen were not at all safe. The Philadelphians would\\ncome up in crowds and steal, and would fight the citizens ot\\nthe islands that they might find at the several stores that\\nthey mi-ht frequent. They would steal women s clothing\\nalso chains, c, from boats, and behaved in a most unruly\\nmanner And the citizens of Maryland ultimately, atter\\ngreat forbearance, determined to put an end to these trans-\\nactions, and went as an armed force and captured the parties\\nen-a-ed in such depredations. The Virginians living in the\\nvicinity sympathized with us, as they suffered in the same\\nway, and were willing to codperate, and did cooperate with\\nus in putting an end to these transactions. The Virginians,\\non one occasion, blockaded Broad Creek, which connects\\nPocomoke Sound and Tangier Sound, near its mouth at\\nPocomoke Sound, and captured some eight or ten of these\\nNorthern vessels, which I suppose had been dredging m Vir-\\nginia and Maryland both. They were, when taken by the\\nVirginians, in Broad Creek harbor.\\n10th Question by same.-Wkere was the Conner taken\\nAnswer. I think she was taken north of Jane s Island,\\nbetween there and Kedge s Straits.\\n11th Question by same.\u00e2\u0080\u0094 State to what part of the Pocomoke\\nSound, while you were a justice of the peace, the jurisdiction\\nof the State of Maryland was claimed and exercised, in the\\ndischarge of your official duties.\\nAnswer. I always considered from the sand-bar at Mes-", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0058.jp2"}, "59": {"fulltext": "53\\nsonga, to the Muddy Marsh, that Maryland had as free\\naccess as Virginia had, as to oystering and fishing. I should\\nnot think my writ as magistrate would extend any farther\\nthan to those points. Muddy Marsh is near Watts Island.\\nMessonga is up the sound, near Sykes Island, on the Vir-\\nginia side.\\n12th Question by same. \u00e2\u0080\u0094Did you ever exercise jurisdiction\\nas justice of the peace in any case of arrest on the Virginia\\nside of the channel of Pocomoke Sound for anything\\nAnswer. I never did act on a case of anything taken in\\nVirginia waters. All the cases before me were cases for\\noffences committed in Maryland waters.\\n12 th Question by same. What did you consider Maryland\\nwaters in Pocomoke Sound?\\nAnswer, All to the westward side of the channel of Poco-\\nmoke Sound. As to fishing and oystering, Marylanders and\\nVirginians went on either side always did, when 1 followed\\noystering\\nlith Question by same. Did you ever hear of any line, in\\nancient times, run across the lands of Annamessex Neck, from\\nTangier Sound to Pocomoke River?\\nAnswer. I never did, sir, that I recollect of. I have heard\\nit talked over some would say the Maryland and Virginia\\nline was in one place, and some would say another. But I\\nnever heard of any line run as a boundary between the two\\nStates.\\nCross-examination by Counsel for Virginia.\\n1st Question by Mr. Daniel. Under what law, when you\\nwere a magistrate, did you consider that your jurisdiction, as\\na magistrate, extended to the middle of Pocomoke Sound\\nand the right of Marylanders and Virginians to fish and\\noyster, in common, extended over the whole sound?\\nAnswer. I don t know whether there was any law or not\\nthey fished and oystered as though they belonged to one", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0059.jp2"}, "60": {"fulltext": "54\\nState. I thought I had a right, under the laws of Maryland,\\nto issue a writ to the middle of the sound.\\n2d Question by same.\u00e2\u0080\u0094 Did you ever hear of a compact as to\\njurisdiction between the States on the Potomac, Chesapeake\\nBay and Pocomoke River?\\nAnswer. I have heard something of a compact, but its\\nterms I do not know.\\n3d Question by same.\u00e2\u0080\u0094 You say you have heard the line\\nbetween the States talked over, and some said it was in one\\nplace, and some in another State what you have heard on\\nthat subject.\\nAnswer \u00e2\u0080\u0094I never heard anything more about it. I asked\\nno questions about it.\\nAnd further this deponent saith not.\\nJOHN W. HANDY.\\nSworn to, by the above named John W. Handy, before me,\\na Justice of the Peace for Somerset County, Maryland, this\\n17th day of June, 1876. ^^ot^t t t\\nOLIVER S. HORSEY, J. P.\\nAttest\\nC. M. Dashiell, Clerk.\\nDEPOSITION OF JAMES LAWSON.\\nCrisfield, Md., June 17th, 1876.\\nJames Lawson, a witness on the part of the State of Mary-\\nland, having been duly sworn, deposes and says:\\n1st Question by Counsel for Maryland {Mr. Jones) .\u00e2\u0080\u0094State\\nyour name, age, residence and occupation.", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0060.jp2"}, "61": {"fulltext": "55\\nAnswer. My name is James Lawson, My occupation lias\\nbeen that of a mariner for forty-five years for the last six\\nyears I have been keeper of the light-house at Somers Cove.\\nI am sixty-six years old. My home has been in Little Anna-\\ninessex; was born there, and still reside there. I reside on\\nthe eastern part of the tract of land that formerly belonged\\nto my father, James Lawson. My brother, Hance Lawson,\\nand myself own the land together.\\n2d Question by same. State whether you were assessor for\\nSomerset County, Maryland, in 1866?\\nAnswer. I was, together with Isaac Smith Lankford and\\nBenjamin Coulbourn. I recognize the assessment book now\\nshown to me as the one we used in 1866.\\n3d Question by same. State whether, in the execution of\\nyour office as assessors, the assessors were on Smith s Island,\\nand whether you were at Horse Hammock?\\nAnswer. We were at Horse Hammock, on Smith s Island.\\nith Question by same. State the mode in which you made\\nthe assessment what formalities were required by the law\\nAnswer. We were required to assess all property in Mary-\\nland and every person was required to give in a list of his\\nproperty on oath. I administered the oaths, Mr. Lankford\\ntook the property down, and if Mr. Coulbourn and myself\\ncould not agree as to the value of the property we called\\nin Mr. Lankford.\\n5th Question by same. Whom did you find at Horse Ham-\\nmock\\nAnswer. We found Johnson Evans. Johnson Evans gave\\nin the list of property to us without any objection. We\\nadministered the oath to him and assessed the property.\\nQth Question by same. State if you were at the house of\\nWilliam Tyler, Sr.\\nAnswer. I will not say whether we were at his house, or\\nnot. We saw the house, and, I think, he was at James T.\\nEvans s. I was well acquainted with him.\\n1th Question by same.\u00e2\u0080\u0094 Did he give you a list of his\\nproperty", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0061.jp2"}, "62": {"fulltext": "56\\nAnswer.\u00e2\u0080\u0094 I expect he did. We did not take any property\\ndown except what was given in to us.\\n%th Question by same.\u00e2\u0080\u0094- You recognize his name on the book\\nof assessment of Smith s Island?\\nAnswer. I do, sir.\\n%th Question by same.\u00e2\u0080\u0094 Did you know John Tyler of\\nSevern, and did you assess his property?\\nAnswer.\u00e2\u0080\u0094 I knew him, and assessed his property. He\\ngave it in himself.\\n10th Question by same.\u00e2\u0080\u0094 Where did you meet with him?\\nAnswer.\u00e2\u0080\u0094 I can t say exactly. I think we were at the next\\nhouse, and he came over.\\nUth Question by same.\u00e2\u0080\u0094 What property did he give in\\nAnswer.\u00e2\u0080\u0094 I cannot tell without looking at the Assessment\\nBook. He gave in his house and lot, and I think he gave\\nin a vessel. The assessment-hook will show.\\n12th Question by same.\u00e2\u0080\u0094 Where did Wm. Tyler live\\nAnswer.\u00e2\u0080\u0094 Re lived on the southern part of the island,\\nnear James Evans s.\\nUth Question by same.\u00e2\u0080\u0094 Where did John Tyler live?\\nAnswer. I don t know the name of the place, hut in the\\nsouthern part of the island I don t know in what direction\\nfrom William Tyler s. We did not assess any marsh land,\\nunless where there was a lot enclosed.\\nUth Questionby same.\u00e2\u0080\u0094 Were you ever engaged in oyster-\\ning, and from what time if yea, when, and in what waters\\nwere you in the Habit of taking oysters\\nAnswer. I commenced oystering when I was a hoy. I\\ntook charge of a vessel when I was sixteen years old. I ran\\noysters, potatoes, grain, fro. I traded from Cherrystone,\\nNorthampton County, Va. 3 for several years. I traded con-\\nsiderably in Pocomoke Sound.\\nlMh Question by same.\u00e2\u0080\u0094 State whether or no, citizens of\\nMaryland and Virginia exercised equal privileges in taking\\noysters in Pocomoke Sound.\\nAnswer. -They did, sir, all over the sound; down the\\nsound and up the sound. I have loaded on Shell Bock,", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0062.jp2"}, "63": {"fulltext": "57\\nabreast of Sykes Island, and I have loaded nearly off the\\nMuddy Marsh, just below Messonga. Never loaded in Poco-\\nmoke Sound much below Muddy Marsh the oysters were too\\nsmall below there to be valuable. Marylanders and Vir-\\nginians were both taking oysters for me and loading my\\nboat. This was their custom.\\nlQth Question by same. How long did this, state of things\\nexist, down to what time\\nAnswer. For a long time as long as I ran oysters out\\nof that sound, which I suppose was for twenty-five years.\\nI stopped before the commencement of the war. I built a\\nvessel before 1847, and quit 03 stering about 1847 in Pocomoke\\nSound, the business having grown dull, and I began\\nrunning grain, potatoes, c.\\nVI th Question by same. During the time that you were\\nengaged in running oysters from Pocomoke Sound, did any\\nquestion arise, so far as you know, or have heard, as to the\\nline of the two States, Maryland and Virginia, in that sound?\\nAnswer.\u00e2\u0080\u0094 Never heard anything about it, and never heard\\nit named.\\nISth Question by same. What had you heard said, down\\nto the late war, about the line between Maryland and Vir-\\nginia, across the Chesapeake Bay and Pocomoke Sound\\nAnswer. I have heard a great deal said by those who\\nknew no more about it than myself. I have heard some of\\nthe old folks say that the line from the Potomac came\\nright across Horse Hammock, then running to the south\\npoint of Annamessex land, then running up the channel of\\nPocomoke Sound. I have heard nothing more but there\\nhas been a great argument as to where that south point of\\nAnnamessex was. I never, before the commencement of the\\nlate war, heard of any other line than the one that I have\\nmentioned.\\nItyth Question by same. Did you ever hear of any line, in\\nancient times, being run across Jane s Tsland and Anna-\\nmessex Neck to Pocomoke River\\nAnswer. I never did.\\n8", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0063.jp2"}, "64": {"fulltext": "58\\nCross-examination by Counsel for Virginia.\\nId Question by Mr. Daniel- -Have you not always under-\\nstood that the State line ran from the Potomac across Smith s\\nIsland _\\nAnswer\u00e2\u0080\u0094 Yes. I have always heard the old people say\\nthat the State line ran across Smith s Island to Horse Ham-\\nmock, leaving the portion of the island south of that line m\\nVirginia, and the portion north in Maryland.\\n2d Question by same. -Then did you make any assessment\\nsouth of that line, on Smith s Island\\nAnswer __I think we did. I think John Tyler s was south\\nof Horse Hammock, hut am not sure. We asked no question\\nabout the line, and the line was not named to us. We\\nassessed the largest part of the island. We did not assess\\nJohn Marshall s, because they said he lived in Virginia, and\\nthere may have been others whom we did not assess for the\\nsame reason.\\nU Questionbysame.-Wheu you were oystering, at the time\\nand manner you have mentioned, had you, or the persons\\nwho loaded for you, any oyster license\\nAnswer \u00e2\u0080\u0094No, sir there were no canoes licensed then.\\nith Question by same.\u00e2\u0080\u0094 Was there any particular officer m\\neither State charged with the execution of the oyster law?\\nAnsiver. I think not. u -i\\nbth Question by same.\u00e2\u0080\u0094 Ave you acquainted with the soil,\\ntimber, and marshes of Smith s Island, and the changes they\\nhave undergone within your recollection?\\nAnswer.-! see very little change in it; there was no\\ntimber there to cut, within my recollection.\\nUh Question by same.\u00e2\u0080\u0094 State if the waters in and about\\nthe island are filled with stumps, and their appearance.\\nAnswer.\u00e2\u0080\u0094 There are plenty of stumps in places, in the\\nwaters mentioned, but they do not appear tome to have been\\ncut in my time. They have been there since my earliest\\nrecollection they are four or five feet under water.", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0064.jp2"}, "65": {"fulltext": "59\\n*lth Question by same. Would the stumps in the water he\\npreserved hetter than those on the land\\nAnswer. I suppose they would.\\n8th Question by same. How much of the land do you\\nsuppose has been washed away at Sassafras Hammock on the\\nBay side?\\nAnswer. I cannot say. T should think it had washed\\naway a great deal, although I have not seen it. I have\\nheard that a house has been washed away there which stood\\non firm land, and that the place where it stood is now\\ncovered by water, about one hundred and fifty yards from\\nthe present shore.\\nAnd further this deponent saith not,\\nJAMES LAWSON.\\nSworn to by the above named James Lawson, before me, a\\nJustice of the Peace for Somerset County, Maryland, this\\n17th day of June, 1876.\\nOLIVER S. HORSEY, J. P.\\nAttest\\nC. M. Dashiell, Clerk.\\nCertificate. I hereby certify that, upon careful examin-\\nation of the assessment-book for Smith s Island for 1866 (the\\nlast assessment made in Maryland), it does not appear that\\nmarsh was generally assessed the quantity of marsh assessed\\non the whole island to sundry individuals being 153 acres at\\na total valuation of 113 dollars.\\nC. M. DASHIELL, Clerk.", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0065.jp2"}, "66": {"fulltext": "60\\nDEPOSITION OF JOHN MARSHALL.\\nCmsmeld, Mb., June 21st, 1876.\\nJohn Marshall, a witness on the part of the State of Vir-\\nginia, having heen duly sworn, deposes and says\\n1st Question by Counsel for Virginia (Judge Bobertson.)-\\nState whether yon are the same John Marshall who gave a\\ndeposition before the Maryland and V.rgima Boundary\\nCommissioners in May 1872 which deposition has just heen\\nread over to you; if you are, and there is anything incor-\\nrectly stated in that deposition, be so good as to point it out.\\nAnswer.-! am the same John Marshall who gave the\\ndeposition. It is all correct, as far as I know, with the ex-\\nception that the deposition states that John Parks land was\\nconveyed to John Hoffmann who removed to Pungoteague\\nCreek Ac: it should have stated that it was conveyed to\\nJames E. Hoffman, c. I think that I said so at the time I\\ngave my former deposition the mistake was made by the\\nperson who wrote my deposition down, or by the printer.\\n2d Question by same.-SMe whether you are the same\\nperson to whom land was conveyed by Richard fevans by\\ndeed dated 29th August 1848, and recorded in the County of\\nAccomac, and described as lying on Smith s Island in the\\nparish of St. George, in the County of Accomac containing\\nthirty acres, be the same more or less, the same being a part\\nof the tract belonging to, and occupied by the said Richard\\nEvans, and sold by estimation, not havin b f VT^ i\\nand bounded as follows, to wit on the north by the lands of\\nElijah Evans (of Somerset County, Maryland,) and the State\\nline separating the States of Virginia and Maryland on he\\neast bv Tyler s Creek, separating it from the lands of Elijah\\nEvans on the south by the other land of said Richard Evans\\nand on the west by Shanks Creek, separating the said", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0066.jp2"}, "67": {"fulltext": "61\\nland from Harvey Hoffman s a copy of said deed being\\nnow read to you and if you are the same person, say on what\\npart of Smith s Island said land is situated, and what it is\\ncalled, also how much land there really was within the\\nboundaries given in the deed, and which was then estimated\\nto be thirty acres, more or less.\\nAnswer. I am the same person who bought the land re-\\nferred to. The land lies immediately south of Parks Ditch,\\nwhich connects Shanks Creek with Tyler s Creek, and is be-\\ntween these creeks. It is called South Point. Within these\\nboundaries, which were supposed to contain thirty acres\\nonly, I suppose there are as many as one hundred acres. It\\nis all pretty much marsh now when 1 bought it there was\\non it f of an acre of high land. There was a house upon it,\\nwhich I had built on it before I bought it, being the son-in-\\nlaw of Richard Evans, from whom I bought it. I lived there\\ntwelve or fifteen years, I think. This high land, upon\\nwhich my house stood, has sunk and become marsh the\\nhouse has been moved away I now live on Shanks on the\\nlowest part of the island, which I purchased from the heirs\\nof Richard Evans.\\n3d Question by same.\u00e2\u0080\u0094 State whether, while you lived on\\nSouth Point, as above stated, you paid your taxes in Virginia,\\nand were considered to be and acted as a citizen of Virginia?\\nAnswer. Yes, sir, I did pay my taxes in Virginia, and have\\nalways been considered to be, and have always acted as a\\ncitizen of Virginia ever since I have been living on Smith s\\nIsland indeed ever since I was born for I was born on\\nSykes Island, and moved from that place to Smith s Island.\\n4th Question by same\u00e2\u0080\u0094 I now read to you a copy of a deed\\nfrom Richard Evans and Rachel his wife, dated 28th August,\\n1849, conveying to John Marshall a tract of land contain-\\ning, in the whole, about one huudred acres, of which less\\nthan one and a half acres are high land and the balance is\\nmarsh the same being recorded in Accomac. State whether\\nyou are the John Marshall to whom said conveyance was", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0067.jp2"}, "68": {"fulltext": "62\\nmade, and where the said land is situated. Please describe\\nthe same, and the lands adjoining, or near to it.\\nAnswer. I am the John Marshall to whom said land was\\nconveyed. It lies immediately south of the land conveyed\\nby the deed referred to in the second question asked me to-\\nday, and my answer thereto. It is a part of the land called\\nSouth Point. There is still another part of South Point,\\nlying immediately south of this, which then belonged to\\nTeackle Evans, and now belongs to Thomas Bradshaw. It\\nbelonged to William Evans before Teackle Evans bought it.\\nThe first person, of all that I ever heard of, to whom this\\nland (now belonging to Thomas Bradshaw) belonged, was\\na man named Crockett; I think his name was Joseph.\\nThe place where I live now is Shanks on the west side\\nof Shanks Creek. South Point is the land lying between\\nShanks Creek and Tyler s Creek, and extending all the\\nway from Parks Ditch down to the sound. There is no\\nperson now living on South Point. I have known when\\nthere were as many as seven families living on it at the\\nsame time. They were Thomas Spence and his family,\\nJohn Dies and his family, Teackle Evans and his wife (they\\nhad no children), Dennard Evans and his family, Joshua\\nSpence and his family, Samuel Stant and his family, and\\nNapoleon Bonaparte Davis and his family. I think Samuel\\nStant was the last one who left South Point I think it was\\nbetween three and four years ago that he left it. There are\\nonly three houses now standing there, and none of them are\\ntenanted. The whole of South Point now belongs to my-\\nself, and my son, who lives at Black Walnut Point, who\\nowns the northern portion, and Thomas Bradshaw, who lives\\non Black Walnut Point near the line of Drum Point, (that\\nis to say on what was known as the Tyler-land, that having\\nbeen divided at Drum Point and Black Walnut Point be-\\ntween William Tyler and Thomas Tyler, John Tyler having\\nin right of his wife Ann got the Oak Hammock part of the\\nTyler land in the division referred to).", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0068.jp2"}, "69": {"fulltext": "63\\nThere is a small part of South Point, not more, I think,\\nthan an acre, that is now owned hy Joshua Spence but it is\\nof little or no value, being marshy. Thomas Bradshaw cul-\\ntivates a part of the arable land owned by him on South\\nPoint, and I cultivate a part of that owned by me. I do not\\nthink there are now more than four or five acres of it that\\ncan be cultivated; the rest being marshy. At Shanks\\nwhere I now live, there are, I think, about two and a half or\\nthree acres that can be cultivated, the rest being marsh.\\n5/7i Question by same. How many persons by the name of\\nJohn Tyler have you known on Smith s Island, and where\\ndid they reside respectively\\nAnswer. The first one that I knew anything about was\\nJohn Tyler, who lived at Horse Hammock (or Horse Island,\\nfor Horse Hammock was sometimes called Horse Island, and\\nI think that is the right name of the place). This John Tyler\\nwas made a magistrate in Maryland forty-odd years ago it\\nmay have been longer, for it was soon after I came on the\\nisland to live. I am not able to say how long ago this John\\nTyler died, but think it was some forty years ago.\\nThe second John Tyler that I knew anything of was called\\nJohn L. Tyler, I think. He lived on Oak Hammock, just\\nabove Drum and Black Walnut Points. He was the father\\nof Alexander Tyler, who now lives at Oak Hammock. He\\ndied, I think, some fifteen years ago, though I am not sure\\nas to the time.\\nThe third John Tyler is now living on Hog Neck, in the\\nParks or what is sometimes called the Marriage House. He\\nis a son of Severn Tyler, and is sometimes called John Tyler\\nof Severn. Severn Tyler, his father, was a brother of David\\nTyler, whose deposition was taken by G-ov. Wise in 1872,\\nand who died in the year 1874. I have heard that the\\ngrandfather of this David Tyler was named David Tyler.\\nI do not know of any persons named John Tyler who have\\nlived on Smith s Island since I have been living there, ex-\\ncept the three I have mentioned.", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0069.jp2"}, "70": {"fulltext": "64\\nUli Question by same.\u00e2\u0080\u0094 In which State was Horse Ham-\\nmock (or Horse Island) considered to be by the residents on\\nthe island, since you have first known it, Virginia or Mary-\\nland\\nAnswer. In Virginia.\\n7th Question by same.\u00e2\u0080\u0094 Was John Tyler residing at Horse\\nHammock when he was made a magistrate in Maryland?\\nIf so, state what you may have heard about it.\\nAnswer .\u00e2\u0080\u0094Yes, sir, he was residing at Horse Hammock at\\nthe time. I heard from old Mr. William Tyler, that the way\\nJohn Tyler came to be a Justice of the Peace in Maryland,\\nwas, that they wanted a Justice of the Peace on Smith s\\nIsland, and that John Tyler was the fittest man on the\\nisland for the position, and that old Mr. Solomon Evans,\\nto get him made a Justice, swore him in that is to say,\\nswore he lived in Maryland.\\nnth Question by same. Who was the Mr. William Tyler\\nwho told you this\\n?mf;er _William Tyler, was the brother of John Tyler,\\nwho was made a magistrate as above stated, and of Thomas\\nTyler. He was one of the witnesses examined in the case of\\nthe Fashion, and in the case against John Cullen. He and\\nThomas Tyler and John L. Tyler were all examined as\\nwitnesses in those cases. It was the same William Tyler\\nwho got a lien of some sort from John Tyler upon Horse\\nHammock, and had it sold, or sold it himself to Peter Evans,\\nwho several years afterwards sold it to John W. Marsh, who\\nafterwards sold it to Johnson Evans, who is now living there.\\n8th Question by same.\u00e2\u0080\u0094 Did you ever hear William Tyler\\nor any of the old persons on Smith s Island express the\\nopinion that Horse Hammock was really in Maryland?\\nAnswer.\u00e2\u0080\u0094 I never did in my life hear William Tyler, or\\nany other person on the island, express the opinion that\\nHorse Hammock was in Maryland. Everybody I ever heard\\nspeak of it, spoke of it as being in Virginia. I think I have\\nheard that an old man named Pruitt (I do not know what his", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0070.jp2"}, "71": {"fulltext": "65\\nfirst name was) lived at Horse Hammock a great many years\\nago. But I cannot say that any man named Pruitt ever did\\nlive there. I only think I have heard that a man lived there\\nabout the year 1780 the cold winter named Pruitt. I\\ncannot say whether any person named Tyler ever lived there\\nbefore Pruitt did, or not and I do not wish to be under-\\nstood as saying that any man named Pruitt ever did in fact\\nlive there. I only tell what I have heard some old people say.\\n9th Question by same. How much firm land is in the Horse\\nHammock property\\nAnswer. I do not know, but do not think there are more\\nthan two acres of firm land. I think there is hardly as\\nmuch as two acres. The rest of the place is marsh, not\\nfit for anybody to live on.\\n10th Question by same. Has the land on Smith s Island\\nbeen undergoing any change since you have been living\\nthere? If so, state in what respect.\\nAnswer. I think the land has changed a great deal since\\nI have been there. There has been a good deal of washing\\non the Bay shore. At one place particularly on the Bay\\nshore, where Revell Evans lived before I came on the island,\\nthe laud has been washed away, so that the place where\\nhis house then stood is now, I think, more than two hundred\\nyards from the present shore, and covered with water, pro-\\nbably some four or five feet deep at high tide at low water\\nabout one-half that depth. This is the place which I have\\nheard was called Sassafras Hammock on the Bay shore.\\nMy wife has told me that she has been in the house which\\nwas washed away at that place, that she recollects having\\nstayed there when she was a child. My wife is some two\\nyears, I think, older than I am which would make her\\nnow about sixty-seven years old.\\nI think the land on the island, particularly the marsh land,\\nis a good deal lower now than it was formerly; and that a\\ngood deal of what was formerly high land is now marsh.\\nWhere trees of considerable size formerly stood there is now\\n9", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0071.jp2"}, "72": {"fulltext": "66\\nnothing but marsh but a great many stumps are still to be\\nseen standing in the water, wherever the land has been\\nwashed away, and in many cases a long way, sometimes\\nnearly a half a mile, from the present shore. And a good\\nmany stumps are also to be found in the marsh itself,\\nthroughout a large part of the island, I think this sink-\\ning of the land has been caused by the habit, which formerly\\nprevailed, of burning the marsh, which the old people used\\nto do because they thought it would improve the grass. The\\nresult was that the surface of the earth would be burnt into,\\nand when it afterwards was covered by high tides, it would\\nbe washed off, and the salt water would settle it and make\\nit sink. So that land which had been of value, and upon\\nwhich trees of considerable size had stood, would, after these\\ntrees had been cut down, and the marsh subjected to these\\nburnings, sink into mere marsh land of no value whatever.\\nI have myself seen this thing going on, and think there can\\nbe no doubt that most of the island is very much lower and\\nmore marshy now than it was formerly.\\nThe shores, too (particularly the western one exposed to\\nthe Bay), have been very much washed away. The instance\\nI have stated of the washing at Evans house (or Sassafras\\nHammock on the Bay) is by no means the only one of very\\ngreat washing away of the land. It is very general on that\\nside of the island. I think it has, in my own recollection,\\nwashed away more than two hundred yards, opposite the\\nplace where I am now living at Shanks By my recollec-\\ntion, I mean since I have been living on Smith s Island.\\nMy father-in-law, Richard Evans, told me that his father\\nhad owned a piece of land, near Oheesman s (which is north\\nof Shanks where I am now living), which extended west\\nmore than two hundred yards out into what is now the Bay,\\nwhich his father cultivated in corn and potatoes and wheat,\\nand which had been washed away before I went to live on\\nthe island. I should think the place they spoke of is now\\nmore than a quarter of a mile out from the shore. We now\\nmake it a fishing ground.", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0072.jp2"}, "73": {"fulltext": "67\\n11th Question by same.\u00e2\u0080\u0094 Did you ever hear anything said\\nahout the washing away of the land at Jane s Island, on the\\nopposite side of Tangier Sound to Smith s Island If so,\\nstate from whom and what you have heard.\\nAnswer. I have heard my father-in-law, Richard Evans,\\nsay that in his time there was a piece of high land out from\\nJane s Island, in a southwestern direction, upon which peach\\ntrees were growing. 1 do not recollect that he said how far\\nout it was, but the place where he spoke of its being was\\nthen entirely covered by water.\\n12th Question by same. Do you know where Filliby s Rock\\nand the Big (or Great) Oyster Rock are situated If so, de-\\nscribe where they are.\\nAnswer. Yes, sir I have been on them both. I would\\nsay Filliby s Rock is southerly from the outer light-house\\nthat is to say, the one opposite Jane s Island and that the\\nBig Rock, or as we most usually call it, the Great Rock, lies\\nsoutherly down the sound, and I think somewhat easterly\\nfrom Filliby s Rock, extending down nearly opposite to\\nCedar Straits. There are some mud sloughs in it, or rather\\nthere were when I first knew it, but by dredging the oysters\\nhave been scattered, and those mud sloughs are now nearly\\nall of them filled up, so that it may be said now to be one\\nrock, nearly all the way from where it commences below\\nFilliby s Rock, being separated from it by a mud slough.\\nThe upper part of the Great Rock is almost abreast of Fil-\\nliby s Rock, if indeed it does not run up a little above and\\nto the east of the lower part of Filliby s Rock. There was a\\nlittle rock, when I first knew the place, inside of the Great\\nRock that is, between it and the Annamessex shore but it\\nmay now be said to be pretty much a part of the Great Rock,\\nthey having been brought together by dredging.\\nAll these rocks are on the eastern side of Tangier Sound.\\nThe little rock commences, I should think, not more than a\\nquarter of a mile from the Annamessex shore. They go out\\na considerable distance I should think to eight fathom", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0073.jp2"}, "74": {"fulltext": "68\\nwater. The western side of the Great Rock extends to very\\nnear the channel of the sound, and the western side of Fil-\\nliby s Rock extends to the Sound channel. The channel of\\nthe sound is nearer to the Annamessex side than it is to\\nSmith s Island.\\n13th Question by same. \u00e2\u0080\u0094What are these rocks of which\\nyou have been speaking, composed?\\nAnswer.\u00e2\u0080\u0094 Of oysters. The oysters fasten themselves to\\neach other, and grow up into what we call a rock. Among\\noystermen a bed of oysters is called a rock.\\nlith Question by same.\u00e2\u0080\u0094 Has much timber been cut down\\non Smith s Island since you have known it?\\nAnswer. Yes, sir, there has been a good deal of it cut\\ndown, and destroyed by fire since I have known the island.\\nThere is very little timber left on the island now.\\nCross-examined by Counsel for Maryland.\\n1st Question by Mr. Jones On how many acres of land,\\nincluding marsh, do you pay taxes in Virginia?\\nAnswer\u00e2\u0080\u0094 I pay taxes for all I have got. I pay for what\\nmy deeds call for, viz. thirty acres more or less on South\\nPoint, and a hundred acres more or less on South Point,\\nand on one hundred and fifty or two hundred and fifty\\nacres, I cannot say exactly, at Shanks all marsh except\\nabout two acres. It (Shanks extends some three miles up\\nto John Tyler s lands.\\n2d Question by same.\u00e2\u0080\u0094 What is the amount of taxes yearly\\nyou have generally paid, and where have you always paid\\nthem\\nAnswer. My taxes have been from ten to eleven dollars\\nannually. I have always paid them at Drummondtown\\ngenerally sometimes on Tangier, and at other places,\\nwherever I met the sheriff. I never paid any to any person\\non Smith s Island the sheriff never came there to collect any.\\nI have never paid any taxes in Maryland, and none have\\never been demanded of me.", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0074.jp2"}, "75": {"fulltext": "69\\n3d Question by same. Were you acquainted with Solomon\\nEvans, of whom you spoke in your examination in chief if\\nyea, is he living or dead? If dead, how long has he been\\ndead?\\nAnswer. I was well acquainted with him. He lived on\\nKedge s Straits. He has been dead some twenty-odd years.\\nI have often heard him preach and lead the class he was a\\nlocal preacher in the Methodist Church. I think there was\\na great change in him in his latter years. In his earlier\\nyears he was accustomed to take his dram this he gave up\\nin his later years, but he never gave up his cider. There\\nwas a great alteration in him after the time he procured the\\nappointment of John Tyler as Justice of the Peace. He\\nwas much more to be depended upon after the time he was\\nsaid to have procured the appointment of John Tyler as\\nJ ustice of the Peace.\\n4th Question by same. Did you hear him preach and lead\\nthe class before the appointment of John Tyler, a Justice\\nof the Peace\\nAnsiver. No, sir, I did not, sir.\\noth Question by same. Did you ever hear any one question\\nat any time the character of Solomon Evans for truth and\\nveracity\\nAnswer. No, sir, I never did. All that I ever heard was\\nwhat I have said Mr. Wm. Tyler told me about his swearing\\nJohn Tyler in as a magistrate, and I do not know that he\\never did that.\\nAnd further this deponent saith not.\\nJOHN MARSHALL.\\n[His _j_ mark.]\\nWitness C. M. Dashiell.\\nSworn to by the above named John Marshall, before me, a\\nJustice of the Peace for Somerset County, Maryland, this\\n21st day of June, 1876.\\nOLIVER S. HORSEY, J. P.\\nAttest\\nC. M. Dashiell, Clerk.", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0075.jp2"}, "76": {"fulltext": "70\\nDEPOSITION OF WILLIAM G. HOFFMAN.\\nCrisfield, Md. 5 June 24th, 1876.\\nWilliam Gr. Hoffman, a witness on the part of Virginia,\\nhaving been duly sworn, deposes and says\\n1st Question by Counsel for Virginia {Mr. Daniel). What\\nis your name and age, and who was your father?\\nAnswer. My name is William Gr. Hoffman my age is\\nfifty years old my father was James H. Hoffman.\\n2d Question by same. What is your father s age, and will\\nvou slate, if you know, why he is not here to-day as a\\nwitness 9\\nAnsicer. His age is seventy-two the reason he is not\\nhere is hecause he has a broken thigh, and cannot leave\\nhome to come this distance he is very feeble.\\n3d Question by same. Did your father ever reside on\\nSmith s Island If so, when, and how long did his residence\\ncontinue there, and when did it commence and end\\nAnswer.\u00e2\u0080\u0094 -My father lived at Hog Neck he lived there\\nfrom about 1842 to about 1855. He went from there to\\nAccomac County, Ya., on Pungoteague Creek, where he has\\nresided ever since.\\n4th Question by same. Where did he live before he went\\nto Hog Neck.\\nAnsicer. He lived at South Point, on Smith s Island.\\nbth Question by same\u00e2\u0080\u0094 Did you live with your father on\\nSmith s Island until he left it in 1855\\nAnsicer\u00e2\u0080\u0094 I lived on the same land.\\nUh Question by same\u00e2\u0080\u0094 What property did your father own\\nin Hog Neck how much of it, and from whom did he\\nacquire it\\nAnswer.\u00e2\u0080\u0094 He owned, I think, some nine hundred acres I\\ncan t say particularly, but I have seen the deeds. He acquired\\nit from John Parks.", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0076.jp2"}, "77": {"fulltext": "71\\nItJi Question by same. Did it embrace the land now owned\\nby John Tyler of Severn, at Hog Neck?\\nAnswer. It did.\\n8th Question by same. Is the present residence of the said\\nJohn Tyler that in which your father lived?\\nAnswer. It is.\\nS)th Question by same. Was the land of your father spoken\\nof in Maryland, or Virginia\\nAnswer. There was a part in each State, I know that\\nthe larger portion was in Virginia, the smaller in Maryland.\\nI have seen the deeds, but cannot say as to the exact amount\\nin each State.\\n10^ Question by same. Did he get separate deeds from\\nParks for land in Virginia and for land in Maryland?\\nAnswer. He did.\\nllth Question by same. Where was the State line dividing\\nthese lands supposed to run\\nAnswer. It ran right through the yard. The old gentle-\\nman Parks that sold the land, always told me that it ran\\nright between the house and kitchen.\\n12th Question by same.- How far apart were the house and\\nkitchen\\nAnswer. I should suppose they were about forty feet,\\nmore or less, apart.\\nIWi Question by same.\u00e2\u0080\u0094 On what terms did your father\\npurchase this property from John Parks?\\nAnswer. He bought it for, I think, $600, and he (Parks)\\nwas to have his lifetime on the land. Parks retained the\\nold house as long as he lived. My father built a new house\\nfor himself on the land. Parks died some time before my\\nfather left the island.\\n14:th Question by same. Where was the line reputed to\\nrun, or what was the course of the line reputed to be, from\\nthe Sound to the Bay, across the island\\nAnswer. It started from the line stone above Horse\\nHammock, and went across, through my father s land he", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0077.jp2"}, "78": {"fulltext": "72\\nowned at that time, between Black Walnut Point and Drum\\nPoint as I believe, but I don t recollect particularly, about\\nan east and west course.\\n\\\\5th Question by same. From whom did you learn this?\\nAnswer. I learned this from the old man John Parks,\\nand from old Mr. Tommy Tyler, and other old people, such\\nas Hamilton Bradshaw, Littleton Bradshaw, Jacob Brad-\\nshaw, William Tyler, and the old man Elijah Evans. It was\\nfrequent matter of talk among the old people.\\nlUh Question by same Are you aware of any judicial\\ntrial, in which the line across the sound from the line stone,\\nwhich you have mentioned, in the direction of Little Anna-\\nmessex, was the subject of examination\\nAnswer. I was taken in a vessel, by name Schooner\\nFashion. Severn Tyler, father of the present John Tyler\\nof Hog Neck, was on her. She was taken for dredging for\\noysters contrary to law. She was brought to trial before\\nJohn Stevenson, a Justice of the Peace for Maryland, and\\nwas there condemned. We then brought suit, claiming we\\nwere in Virginia. The vessel was taken three miles below\\nCrisfield. We were dredging on Little Rock, so called at\\nthat time between Filliby s Rock and the Great Rock. We\\ngained the suit on the ground that we were in Virginia\\nwaters some three miles. The condemnation of the vessel\\nwas reversed on appeal, and we afterwards sued for damages.\\n11th Question by same.\u00e2\u0080\u0094 Was the case for condemning the\\nvessel a prosecution by the State of Maryland?\\nAnswer. It was.\\n18th Question by same. Were you present at that exami-\\nnation and who were examined as witnesses\\nAnsiver. I was present at the examination. Thomas\\nTyler, William Tyler, myself, (I was not owner of the vessel,\\nTyler was the owner) and others were present as witnesses.\\nl\u00c2\u00a7th Question by same.\u00e2\u0080\u0094 Do you recollect the substance of\\nthe evidence of Thomas Tyler and William Tyler about the\\nline across the sound", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0078.jp2"}, "79": {"fulltext": "73\\nAnswer. Their evidence was that the line came from the\\nline stone upon the island, to somewhere ahout the mouth\\nof Little Annamessex River. I do not recollect any par-\\nticulars it has been a long time, and I never expected to be\\ncalled on to testify.\\n20th Question by same. Was James Lawson, the father of\\nHance Lawson, examined on this subject, in this case?\\nAnswer. Yes, sir, he was evidence for the State of Mary-\\nland.\\n2\\\\st Question by same.\u00e2\u0080\u0094 What was the substance of his\\nevidence\\nAnswer. He testified that the line went through his\\nwoods across to the Pocomoke. His woods are near Crisfield,\\non Jenkins Creek. The building in which he lived was at\\nthe head of Jenkins Creek, but it is now gone down. Law-\\nson s heirs now own the land, of whom Hance Lawson is\\none. This line threw us in Virginia about three miles south\\nof the line.\\n22c? Question by same. Where was that prosecution tried\\nAnswer. It was tried at Princess Anne, Somerset County,\\nMaryland.\\n23 i Question by same. \u00e2\u0080\u0094Who was captain of the vessel\\nwhen she was taken\\nAnswer. John Tyler, the son of Severn, who now lives\\nat Hog Neck, where my father formerly lived.\\n24th Question by same. -Where was the line stone, near\\nSmith s Island, of which you have spoken\\nAnswer. I have always thought that it was directly north\\nabout one-half to three-quarters of a mile above Horse Ham-\\nmock house.\\n25th Question by same. Was your father James H. Hoff-\\nman examined in this case\\nAnswer. He was.\\n26th Question by same. -Do you remember what his testi-\\nmony was\\nAnsiver. He testified that the line ran across Hog Neck\\n10", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0079.jp2"}, "80": {"fulltext": "to the Bay. He testified, at that time, to the exact number\\nof acres he owned there, and that it threw the larger portion\\nin Virginia.\\n21th Question by same.\u00e2\u0080\u0094 What line did the testimony seem\\nto establish between Grisfield and Hog Neck, where your\\nfather lived\\nAnswer. I suppose the line they established would go\\nfrom just below Crisfield across the sound to the line-stone,\\nand from thence across the island to Hog Neck, where my\\nfather lived.\\n28th Question by same\u00e2\u0080\u0094 Have you seen the deeds from\\nJohn Parks to your father, and what were their dates\\nAnswer. I have seen the deeds, and as near as I recollect\\nthe deeds were dated about 1842. They are now, I think, in\\nmy father s possession.\\n29th Question by same.\u00e2\u0080\u0094 From whom did John Parks pur-\\nchase the nine hundred acres or thereabouts, and have you\\nseen the deed where did you see it, and what is its date\\nAnswer.\u00e2\u0080\u0094 J o\\\\\\\\n Parks purchased nine hundred acres or\\nthereabouts from John C. Wilson in 1794. I have seen the\\ndeed; I saw it in my father s possession, and I think it is\\ndated 1794. I think my father has still a copy of the old\\nWilson deed.\\n30th Question by same.\u00e2\u0080\u0094 Had there been parts of the nine\\nhundred acres sold off before your father purchased it, and\\nwho purchased them\\nAnswer Before my father bought it, a man by the name\\nof Johnson Mezick had bought one part, and a man by the\\nname of Crockett had bought another part, and my father\\nbought the residue. Since that time, that part I have men-\\ntioned was sold from it has been sold to William Lewis and\\nWilliam Bradshaw.\\n3\\\\st Question by same. Where is each place situated, and\\nwhat are the lines of each\\nAnswer. Lewis s place was in Maryland, bounded on the\\nwest by Chesapeake Bay, on the north and east by Shanks", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0080.jp2"}, "81": {"fulltext": "75\\nCreek, on the south by James H. Hoffman s lands. Brad-\\nshaw s place was in Virginia, bounded on the east by Shanks\\nCreek, on the west, north and south by said James H.\\nHoffman s lands.\\n32c? Question by same. To which State did your father pay\\ntaxes when he lived at Hog Neck, on Smith s Island\\nAnswer. He paid the first three years in both States,\\nand after that he had it changed (he was inconvenient to the\\nAccomac sheriff) to Somerset County, Maryland, so as not to\\nhave to go to Accomac, Virginia.\\n33c? Question by same. Was that an arrangement between\\nthe sheriffs of the two States\\nAnswer. I suppose it must have been.\\n3kth Question by same. To which State did John Parks\\npay taxes while he owned the land?\\nAnswer. He paid taxes to both States during the time he\\nowned it.\\n35th Question by same. Do you know of tax tickets paid by\\nHoffman to the sheriff of Virginia?\\nAnswer. I do, sir. The reason they are not produced is\\nbecause I had no time to look for them. I sent my father\\nfrom the wharf to the house to look for them, but the boat\\nby which I was to come to Crisfield to testify, left before he\\nreturned. I received the summons to come about fifteen\\nminutes before the boat left.\\n36//i Question by same. In the trial of which you have\\nspoken, was the question made as to the direction of the line\\nby the head of Jenkins Creek to the Pocomoke River?\\nAnsiuer. The question was made.\\n31th Question by same. What was the effect of the\\ntestimony on that question was it to establish that line, or\\nnot\\nAnswer. It was to establish that line.\\n38th Question by same. Did other witnesses testify on that\\nquestion\\nAnswer. Yes, they did, and agreed on that line. The\\ncourt and jury decided that case upon that whole line.", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0081.jp2"}, "82": {"fulltext": "76\\n39/7i Question by same. \u00e2\u0080\u0094Where is South Point, of which\\nyou have spoken\\nAnswer.\u00e2\u0080\u0094 South Point is a mile and a half helow the\\nState line of which I have spoken, on the Virginia side.\\n4Qth Question by same\u00e2\u0080\u0094 -Do you know of whom the Tylers\\ngot Horse Hammock?\\nAnswer. I do not.\\n41st Question by same.\u00e2\u0080\u0094 Do you know how far the Horse\\nHammock lands ran in a northerly or north-easterly\\ndirection\\nAnswer.\u00e2\u0080\u0094 I do not know. There is a large body of marsh\\nland up there, between Horse Hammock and Drum Point,\\nbut I do not know where the line runs.\\n42a 7 Question by same.\u00e2\u0080\u0094 Has the laud on the side of Hog\\nNeck property next to the Bay washed much, in your\\nrecollection\\nAnswer. Yes, sir I should suppose it has washed a\\nquarter of a mile, in my recollection. Old Mr. Parks said,\\nwhen my father bought the property, that he owned a lot of\\nthe same tract a half a mile in the Bay from the then shore.\\nMr. Parks was ninety-odd years old when he died.\\n43a 7 Question by same.\u00e2\u0080\u0094 While you were living on Smith s\\nIsland, were you acquainted with Pocomoke Sound, and the\\npart of Tangier Sound claimed by Virginia; and do you\\nknow what was the jurisdiction exercised, as to oystering, by\\neither State in those waters\\nAnswer. I was acquainted with both sounds. All the\\noysters from Horse Hammock below, inclusive of Pocomoke\\nSound, were claimed and used by Virginia. The only\\ncaptures that were made in Pocomoke Sound for violation\\nof the oyster law, were made by Virginia authorities.\\nWhen dredging began, the laws of each State were against\\nit since that time, the laws have been changed so as to\\ntolerate it. While the laws were in force, the Virginia\\nauthorities enforced them in Pocomoke Sound, and in that\\npart of Tangier Sound claimed to be in Virginia.", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0082.jp2"}, "83": {"fulltext": "77\\n44th Question by same. Are you acquainted with the\\nenforcement of the laws since the license system has been\\nadopted by the two States\\nAnswer. I can hardly say that I am. I have not been con-\\ncerned in the business of dredging since the license system\\nbegan, but I was at the period to which I have referred. I\\nwas so engaged in the 11 Fashion when she was arrested.\\nAnd further this deponent saith not.\\nW. G. HOFFMAN.\\nSworn to by the above named W. Gr. Hoffman, before me,\\na Justice of the Peace for Somerset County, Maryland, this\\n24th day of June, 1876.\\nALEXANDER LONG, P.\\nAttest\\nC. M. Dashiell, Clerk\\n[Memorandum.] Crisfield, Md., June 26, 1876.\\nThe witness, W. Gr. Hoffman, being desirous of correcting\\nhis statement in regard to the deeds mentioned in his depo-\\nsition, from Parks to his father, says that he was mistaken\\nin saying that there were two deeds from Parks to his father;\\nthere was one deed only, which was executed by the executor\\nof Parks to his father, and which was recorded in Maryland.\\nThe way in which he fell into the error was, that there were\\ntwo deeds executed by Wilson to Parks for this land, one of\\nthem for about 900 acres, which was recorded in Virginia,\\nand the other for something over 100 acres, which was re-\\ncorded in Maryland. He has seen copies of both these\\ndeeds in his father s possession. Pie is not certain whether\\nthese copies of the deeds and the tax tickets can now be\\nfound or not, but, if they can be found, he will send them\\nto the counsel for Virginia.\\nThe witness also desires to explain that, in speaking of\\nSouth Point, he referred to the place where his father lived", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0083.jp2"}, "84": {"fulltext": "78\\non South Point before lie bought the land from Parks, and\\nnot to the whole body of land called by that name, which\\nextends up to Parks Ditch.\\n[Signed] W. G. HOFFMAN.\\nC. M. Dashiell, Clerk.\\nDEPOSITION OF JOHN TYLER.\\nCrisfield, Md., June 27, 1876.\\nJohn Tyler, a witness on the part of Virginia, having\\nbeen duly sworn, deposes and says\\n1st Question by Counsel for Virginia {Mr. Daniel).\u00e2\u0080\u0094 Are\\nyou the John Tyler that formerly testified in this cause?\\nAnswer.\u00e2\u0080\u0094 1 am the same John Tyler, sometimes called\\nJohn Tyler of* Severn.\\n2d Question by same. Where did you live before you came\\nto Hog Neck, where you now reside?\\nAnswer. I was born on Black Walnut Point, and have,\\nwith the exception of a few years, always resided on Smith s\\nIsland.\\n3d Question by same. Were you concerned in the trial of\\nthe schooner Fashion for dredging for oysters unlawfully in\\nTangier Sound in 1851, and how?\\nAnswer. I was captain of the vessel, and was arrested by\\nCaptain John Cullen, who was on board of the steamer\\nHerald, and was carried before Justice J. B. Stevenson of\\nMaryland, and was convicted, and the vessel was condemned.\\n4th Question by same. Where were you dredging?\\nAnswer. I was dredging on the Little Rock, which is\\nbetween Great Rock and Filliby s Rock.", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0084.jp2"}, "85": {"fulltext": "79\\n6th Question by same. Were you present when the appeal\\nin the case was tried at Princess Anne?\\nAnswer. I was.\\nQth Question by same. Did the question arise in the case\\nas to where the State line ran from Smith s Island to Little\\nAnnamessex, or what was the question in the case?\\nAnswer. That was my only plea, that I was dredging in\\nVirginia waters.\\nVh Question by same. Did you hear the testimony in the\\ncase, and who were examined as witnesses\\nAnsiver. I heard the testimony, and Thomas Tyler my\\ngrandfather, William Tyler, James H. Hoffman, W. G.\\nHoffman, and others, were my witnesses. The State had\\nMr. James Lawson and other old gentlemen from the lower\\npart of Annamessex Neck, on her behalf.\\n8th Questionby same. Were other parts of the line between\\nthe States inquired into, and what parts\\nAnswer. My grandfather I had heard speak a great deal\\nabout the line, and I rested on what he had told me about\\nthe line, and dredged in accordance with what he told me.\\nThe line across the island, and I believe also the line ex-\\ntending from the island as far as to Pitt s Creek on the\\nPocomoke river, was discussed in court.\\n$th Question by same. State what was proved as to the\\nline across Smith s Island, and the line across the sound?\\nAnswer* My grandfather said that the line ran from the\\nstone three-quarters of a mile above Horse Hammock, west to\\nthe Bay, and from the stone easterly to the mouth of Little\\nAnnamessex river. He and Mr. James Lawson, the two\\noldest men summoned in the case, agreed as to the line, and\\nupon their evidence I was cleared. Mr. James Lawson was\\nsummoned for the State of Maryland, and my grandfather\\nwas summoned on my side.\\nQuestion by same. Was the evidence sustained by\\nother witnesses in the cause?\\nAnswer. It was I think by all who testified about the\\nline. The old witnesses testified on that point.", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0085.jp2"}, "86": {"fulltext": "80\\n11th Question by -same.\u00e2\u0080\u0094 What was proved in the cause as\\nto the line eastwardly from Little Annamessex to the Poco-\\nmoke river.\\nAnswer.\u00e2\u0080\u0094 I don t think that anything was proved more\\nthan what was said, that the line ran from Little Anna-\\nmessex river to Pitt s Creek on the Pocomoke river.\\n12th Question by same.\u00e2\u0080\u0094 Do you recollect who testified\\nparticularly on that subject\\nAnswer.\u00e2\u0080\u0094 My grandfather testified that he had always\\nheard it, and, if I am not mistaken, Mr. James Lawson\\ntestified to the same.\\n13th Question by same.\u00e2\u0080\u0094 Had you heard then of the Calvert-\\nScarborough agreement, fixing the bounds of Virginia and\\nMaryland on the eastern shore of Chesapeake Bay\\nAnswer. I had never heard of any such line. There was\\nnothing said about it in that case. I never heard of it until\\nI saw the report of Gov. Wise and others on the boundary\\nquestion a few years ago.\\nlith Question by Judge Robertson.\u00e2\u0080\u0094 Please describe the\\nsituation of Filliby s Rock, of the Great Rock, and of\\nthe Little Rock at which you were dredging when the\\nFashion was arrested, relatively to the light-house near\\nJane s Island, and also relatively to the Sound channel\\nAnswer -\u00e2\u0080\u0094They all three lie east of the Sound channel\\nand Filliby s Rock is farthest north, the northern part\\nof which is perhaps one-quarter of a mile south of the\\nlight-house near Jane s Island. The Little Rock is farther\\nsouth, perhaps from one-half to three-quarters of a mile\\nsouth of the light-house aforesaid, it lying between Filliby s\\nand the Great Rock. Great Rock lies south-west of Little\\nRock the western part goes down to the channel, but the\\ngreat body of it lies toward the Annamessex shore. By\\nrock we mean a bed of oysters.-\\n15th Question by same\u00e2\u0080\u0094 Does the State line, as you have\\nunderstood it to run from the old people on the island,\\nreally pass, according to your opinion, just between the house", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0086.jp2"}, "87": {"fulltext": "81\\nand kitchen (or where the kitchen formerly stood), at what\\nis called the Marriage House?\\nAnsiuer. I have heard from my earliest childhood that\\nthe line passed between the house and kitchen. I have also\\nheard that the line passed by Drum Point and through\\nParks Ditch and if it does, this would throw the line north\\nof my house (the Marriage House) about 300 or 400 yards,\\nas well as I can judge without laying it off. I have heard\\nthese accounts of the line all my life, one as often as the\\nother those who would give them did not seem to think\\nthat the running of the line by Drum Point and through\\nParks Ditch would throw it off from the Marriage House;\\nbut it seemed to me that it would, and therefore when I\\ngave my former deposition, I said that I thought that I lived\\nin Virginia, though I lived in the dwelling-house which, if\\nthe line ran between it and the kitchen, would be in Mary-\\nland -my own idea being, that the line really ran through\\nParks Ditch and north of my house.\\nlQth Question by same. From whom and when did you buy\\nthe place on Hog Neck where you now live, the house on\\nwhich is called the Marriage House\\nAnswer. I bought it from James H. Hoffman in Novem-\\nber, I believe, 1855.\\n11th Question by same. Did you learn from James H.\\nHoffman from whom he had bought it?\\nAnswer. He bought it from John Parks.\\nIWi Question by same. Did you learn from him from\\nwhom John Parks bought it, and when\\nAnswer. Hoffman said that Parks bought it from John\\n0. Wilson about the year 1794, I believe he said. He\\nshowed me the copy of a deed from Wilson to Parks that\\nfell into his possession after Parks death, for the land. He\\ncarried me to Drummondtown and showed me a copy of the\\ndeed on record there. Hoffman regarded the land to be in\\nVirginia.\\n18th Question by same. Was Hoffman s deed from Parks\\nII", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0087.jp2"}, "88": {"fulltext": "82\\nfor the land recorded in Virginia, as well as Wilson s deed\\nto Parks? If it was not, state what reason, if any, Hoff-\\nman gave for having it recorded elsewhere;\\nAnswer. It was not. I think it was recorded in Princess\\nAnne, Maryland. I don t think I ever heard Hoffman give\\nany reason for having it recorded there.\\n19th Question by same. State what, if anything, Hoffman\\nsaid about the payment of taxes in Virginia on this land.\\nAnswer. I heard Hoffman say that Parks paid taxes,\\nafter he bought it, for three years in Virginia, the amount\\nbeing 37 J cents a year, and the amount was so small that\\nthe collector from Accomac would not come up to collect\\nthe tax. I think he showed me three tax tickets which had\\nbeen paid by Parks in Virginia, though I would not be posi-\\ntive that I saw them.\\n20//* Question by same. What proportion of firm land and\\nwhat proportion of marsh is on the place, and how far\\nwould you have to go north of the house before you come to\\nanother dwelling?\\nAnswer. I suppose there are probably from three to four\\nacres of firm land, and the remainder of some 900 or 1,000 acres\\nis all marsh. There are some ridges where formerly there\\nwere dwellings. There are now three other dwellings on\\nHog Neck besides mine. I would have to go north some\\n250 or 300 yards before I should come to another dwelling.\\nThe place on which this house stood Parks had given to his\\nson before he sold to Hoffman, and his son built the house\\nupon it some thirty or forty years ago, I suppose.\\n21 st Question by same. What changes have taken place\\nin Smith s Island, from washing and otherwise, according to\\nwhat you have yourself observed, and what you have heard\\nfrom old people as to the former condition of the island Is\\nthere more or less arable land on the island now than\\nformerly\\nAnswer. Down in the part of the island where I live it has\\nwashed away badly on the Bay shore, within my recollection", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0088.jp2"}, "89": {"fulltext": "83\\nwithin the last twenty years it has washed some twenty-five\\nyards at least. It washes more at some places than at others.\\nOn the creeks it washes also, but not so badly as on the Bay\\nshore the creeks are widening all the time. In regard to\\nthe marshes sinking, I cannot account for it but there are\\nin places, stumps washing out with their tops all burned. I\\nsee sometimes stumps iu the marshes themselves, where the\\nland is now entirely too low for anything to grow this is, I\\nthink, a general thing all over the island. There is no doubt\\nthat the island is getting lower and more marshy, that is to\\nsay, that the marsh is not so firm now as formerly, and the\\nridges that formerly existed have now sunk. I think a\\n^great deal of this can be accounted for by the habit of burn-\\ning the marsh in former times, when the tide would come\\nover it and carry off some of the soil, and would settle upon\\nit, so that what was formerly firm ground is now, in many\\ninstances, a quagmire. I think it due also to the cutting of\\nthe timber off of the island all of it nearly has been cut off.\\n22d Question by same. Are you acquainted with the lands\\nat Drum Point, Black Walnut Point, Oak Hammock, and\\nSassafras Hammock, and do you know who formerly owned\\nthem\\nAnswer. They were all once owned by David Tyler, who\\nwas my great-grandfather. At his death a distribution was\\nmade, in which his son Thomas, my grandfather, got\\nBlack Walnut Point William got Drum Point his\\ndaughter Anne, wife of John L. Tyler, got Oak Hammock.\\nThey all three held Sassafras Hammock, where Tubman\\nEvans now lives, jointly and they also held the marsh\\nattached to all these places in common. These places all lay\\nadjoining each other, between the two arms of Tyler s Creek,\\nand extended up to the land formerly owned by Hamilton\\nBradshaw, and before him by Richard Bradshaw, where Ben-\\njamin F. Marsh now lives. Juggling Creek is near the line\\nbetween the places.\\n23 i Question by same.\u00e2\u0080\u0094 Have these lands I refer to Drum", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0089.jp2"}, "90": {"fulltext": "84\\nPoint, Black Walnut Point, Oak Hammock, and Sassafras\\nHammock\u00e2\u0080\u0094 washed away, within your recollection, and if so,\\nto what extent?\\nAnsiver.\u00e2\u0080\u0094The lands immediately at Drum Point, Black\\nWalnut Point and Oak Hammock have washed, on the west,\\nvery little within my recollection, because means have been\\nused to protect them. Leaving Drum Point and going east-\\nward, they have washed considerably, in some places more\\nthan others. There are two places which, I think, have\\nwashed at least forty feet, or more, within my recollection\\nthese are between Drum Point and Juggling Creek. I have\\nheard my grandfather, Thomas Tyler, speak of the shore\\nwashing away before my day, particularly in these places-\\nreferred to, and of the general widening of Tyler s Creek in\\nthat direction. One of the places that I have referred to was,\\nin my first recollection, a nice little hammock, on which a\\nlaro-e tree stood this has been washed entirely away some\\ntwenty years ago.\\n2ith Question by same. How much firm or arable land is\\nin the places referred to, and how much marsh I mean in\\nDrum Point, Black Walnut Point, Oak Hammock and Sas-\\nsafras Hammock, all together?\\nAnswer.\u00e2\u0080\u0094 I think I have heard my grandfather, Thomas\\nTyler, say there were 18 acres of firm land in Drum Point\\nand Black Walnut Point. I don t know that I ever heard\\nanybody say how much firm land there was in Oak Ham-\\nmock; I should think there are from three to four acres. In\\nSassafras Hammock I suppose there are from one and a half\\nto two acres. I think, but I am not positive, that I have\\nheard that there were 200 acres, marsh and all, in all these\\nplaces.\\n2bth Question by same.\u00e2\u0080\u0094 How much firm land and how much\\nmarsh are there in the place adjoining those just referred to,\\nwhich is now owned by Benjamin F. Marsh and the heirs of\\nNathan Bradshaw\\nAnswer\u00e2\u0080\u0094 I don t know that I ever heard I cannot say.", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0090.jp2"}, "91": {"fulltext": "85\\n26th Question by same.\u00e2\u0080\u0094 Have you ever heard Horse Ham-\\nmock called by any other name?\\nAnswer. Never except I have heard that it was formerly\\noccasionally called Horse Island.\\n21th Question by same.\u00e2\u0080\u0094 Rave you ever heard of any place on\\nSmith s Island called Home Hammock or of any thorough-\\nfare called Fort Thoroughfare?\\nAnswer. I never have heard of any places called by\\nsuch names.\\n28th Question by same.\u00e2\u0080\u0094 Have you ever heard of a creek\\ncalled Dogwood Ridge Creek?\\nAnswer. I never have heard of a creek called by that\\nname but the creek that is called Shanks Creek goes up to\\nDogwood Ridge, and by it, and it is there called the Head\\nof the Creek where it joins with the Bay.\\n2$th Question by same. Did you ever hear of a Ditch\\nThoroughfare from Tyler s Creek to Dogwood Ridge Creek\\nAnswer. I never heard of it by that name, but Parks\\nDitch is the only water passage from Tyler s Creek to Dog-\\nwood Ridge, and I suppose that Parks Ditch, which passes\\nfrom Tyler s Creek to Shanks Creek, must be the ditch re-\\nferred to.\\nCross-examination by Counsel for Maryland.\\n1st Question by Mr. Jones\u00e2\u0080\u0094 State whether you did, or did\\nnot, give in to the assessors of Somerset County in 1866, viz.\\nJames Lawson, Isaac Smith Lankford, and Benjamin T.\\nCoulbourn, the land on which you then lived, on Hog Neck,\\nand your personal property, to be taxed in Maryland and\\nwhether, before and since 1866, you have not paid taxes on\\nthat property in Maryland, to the Collector of Somerset\\nCounty?\\nAnswer. I gave in a part, but not all. I gave in to them\\nthe part they claimed to be in Maryland. I also paid taxes\\nin Accomac, Virginia. I paid taxes on this same property", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0091.jp2"}, "92": {"fulltext": "86\\nbefore 1866, and I paid them last year also, to the Collector\\nof Somerset County, Md. Hoffman paid taxes in both States,\\nI think, before he sold the property to me. I continue to\\npay my taxes in both States they both have a claim upon\\nme. The years that I paid taxes in Maryland, in those same\\nyears T paid taxes in Virginia also.\\nBe-examination by Counsel for Virginia.\\n1st Question by Judge Robertson.\u00e2\u0080\u0094 Will you say whether\\nyou have seen the stones in the water near the Bay shore, at\\nthe western side of Smith s Island, just below Mister s Tho-\\nroughfare that in Mister s Thoroughfare, near Beaver\\nHammock and those near Barn Point, on the eastern side of\\nthe island? If so, say when you last saw them, and under\\nwhat circumstances; and please describe them, stating also\\nhow they were situated relatively to each other.\\nAnswer. I took all the stones up last week, and removed\\nthem from the water to the land adjoining. This I did in\\naccordance with a request from the counsel for Virginia. I\\nhad help in taking up the stones, which was furnished me by\\nthe islanders, in accordance with a request of Virginia\\ncounsel. The stones on the Bay shore I never saw before I\\nwent to take them up. When I got to them, they appeared\\nas a single rock, about six feet long and three feet broad.\\nWhen we got overboard and dug under them, we found they\\nwere a pile of stones, say some fifteen or twenty, perhaps\\nmore I never counted them. They were made to appear as\\none stone by their being piled together and thickly encrusted\\nwith 0} sters. We dug them up and removed them to the\\nshore, where they now remain. They were situated about\\n150 yards from the shore, in water about three and one-half\\nfeet at low water, and about five feet at high water. The\\nstones were of a medium size, such as 1 have seen used for\\nballast.\\nThe stone at Beaver Hammock was in two parts, about", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0092.jp2"}, "93": {"fulltext": "87\\ntwenty-five to thirty yards from the shore, embedded in the\\nmud about eight inches; and I am satisfied in my mind that\\nat one time they were one stone. The parts, when taken out\\nand placed together, fitted, and formed a stone such as I\\nhave never seen in this neighborhood it is the largest I\\nhave ever seen about here. I never saw one of the same\\ncharacter anywhere, except in the Potomac river I have\\nseen some of that sort there. I should say it was, when\\nplaced together j about two and one-half by three feet. I\\nshould think it would weigh about a ton, or more. It was\\nbroken down, from top to bottom and, as I have said, the\\nparts, when placed together, fit.\\nThe stones at Barn Point I saw some fifteen or twenty\\nyears ago, and I thought then that they were one stone.\\nWhen we took them up, we found there were four. They\\nwere lying on the bottom in a four-square position the four\\nstones forming a square. When we raised them they\\nappeared to be pretty much of a size, and of the same\\ncharacter with each other. They differed from the stones\\non the Bay shore, both in size and character, and were not\\nof the same character of stone with the one at Beaver Ham-\\nmock. These stones were, I should think, each of some two\\nhundred to three hundred pounds weight one was not quite\\nso large as the others. I have seen ballast, I expect, as\\nlarge as these stones were, but it is not the common occur-\\nrence. These stones were about fifteen yards from the shore,\\nin about three feet water, ranging to five feet at high water.\\nAll these stones seemed to range in an east and west line\\nacross the island.\\n2d Question by same. Will you give the names of all the\\npersons who now reside on the Drum Point, Black Walnut\\nPoint, Oak Hammock and Sassafras Hammock lands\\nAnswer. Beginning at Drum Point, the present owners\\nare Benjamin Bradshaw, William C. Evans, William S.\\nBradshaw, Steuart H. Evans all of whom reside now on\\nDrum Point. Thomas Bradshaw resides at Black Walnut", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0093.jp2"}, "94": {"fulltext": "88\\nPoint, and also has a store there. John H. Bradshaw,\\nHezekiali Brown, Peter J. Marshall, John W. Marshall and\\nJohn Smith, all reside also on Black Walnut Point. John\\nMumford also lives there. Alexander D. Tyler resides at\\nOak Hammock, and also has a store there. Tubman Evans\\nlives at Sassafras Hammock.\\nAnd further this deponent saith not.\\nJOHN TYLEK.\\nSworn to and subscribed by the above named John Tyler,\\nbefore me, a Justice of the Peace for Somerset County,\\nMaryland, this 27th day of June, 1876.\\nOLIVER S. HORSEY, J. P.\\nAttest\\nC, M. Dashiell, Clerk.\\nDEPOSITION OF SEVERN BRADSHAW.\\nCrisfield, Md.j June 26th, 1876.\\nSevern Bradshaw, a witness on the part of Virginia,\\nhaving been duly sworn, deposes and says\\n1st Question by Counsel for Virginia (Judge Robertson). Are\\nyou the same person whose deposition was taken (twice) in\\n1872, before Messrs. Wise, Jones and others, as Commissioners\\nto settle the boundary line between Maryland and Virginia\\nAnswer. I am the same person.\\n2d Question by same. In one of those depositions you said,\\nI think the west side of this island (referring to Smith s\\nIsland) u has not washed away more than seventy or eighty", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0094.jp2"}, "95": {"fulltext": "S9\\nyards since the war of 1812. Does this statement express\\naccurately your opinion as to the extent to which the western\\nside of the island has washed away? If it does not, state\\nthe extent to which you think it has been washed.\\nAnswer. In the former deposition I was alluding to the\\nBay side, near where I live, just south of Mister s Thorough-\\nfare. A mile or two south it is washed for a half a mile or\\nmore since 1812. The old place, where Revel Evans formerly\\nlived, I have been at when I was a child it had on it pear\\ntrees and fig trees and a house, all of which have, within\\nmy recollection, been entirely washed away for more than\\nhalf a mile from the present shore. It washed away so that\\nthey were compelled to move away the house I helped to.\\nmove it. This was about 40 years ago. The Sassafras\\nHammock joined this land (the old place), and, when that\\nwashed away, Sassafras Hammock became exposed to the\\nBay, and it has since washed away also, to a considerable\\nextent. This is a different Sassafras Hammock from that\\nwhere Tubman Evans now lives, which is near Oak Hammock\\nand Black Walnut Point, and was a part, originally, of the\\nDrum Point Tvler land,\\ndel Question by same. You stated in your former examin-\\nation that you have heard that old Uncle Solomon Evans\\nhad John Tyler, then living here (at Horse Hammock)\\nmade a magistrate about 1835. Did you hear why it was\\nthat he had him made a magistrate? If so, state the reason.\\nAnswer. The reason was because he was a very sensible\\nman, and a favorite of his, and had married his daughter,\\nand was very popular generally with the people on the\\nisland, had a very good education, and was the best fitted\\nman on the island for the appointment. There was only one\\nmagistrate on the island at the time (old Uncle Solomon\\nEvans himself), and they needed two to take acknowledg-\\nments of conveyances of land. Uncle Solomon and others\\nthought that, as he lived so near the line, it made no differ-\\nence, that they had better have him appointed.\\n12", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0095.jp2"}, "96": {"fulltext": "90\\n4th Question by same. Did you ever hear that Solomon\\nEvans, or any one else, had to make oath that John Tyler\\nresided in Maryland in order to secure his appointment?\\nAnswer, I never did, and do not believe he, or any one\\nelse, ever did. Although everybody believed that Horse\\nHammock was in Virginia, no question was raised by any\\none as to the propriety of his appointment. It was a matter\\nof convenience to the whole island to have him as a\\nmagistrate.\\noth Question by same.- So far as you know, or have heard,\\nby whom was the place called Horse Hammock first owned?\\nAnswer. The first person I ever heard of living there was\\nthe mother of Joshua Thomas, the preacher, and widow of\\nJohn Thomas, I think. I am not sure, however, whether his\\nname was John or William. A man by the name of George\\nPruitt, from Virginia, married her, and lived there with her\\nfor several years, when they moved away. David Tyler\\nthen became owner of the place, and his son Thomas went\\nthere first to live, in his father s lifetime, and built a new\\nhouse there. He stayed for some years and moved away,\\nwhen John Tyler, another son of David Tyler, went there\\nto live, and was living there at the time of his father s\\ndeath. After his father s death, John Tyler kept Horse\\nHammock as his portion of his father s estate. John Tyler\\nafterwards became indebted to his brother, William Tyler,\\nfor money paid for him as security, and, to secure this\\nsecurity money to him, he gave some sort of a lien on the\\nland to William his brother, under which it was sold, after\\nJohn s death, to Peter Evans, who afterwards sold it to John\\nW. Marsh.\\nQth Question by same. Do you know what lands David\\nTyler owned? If so, describe them.\\nAnswer. He owned Drum Point, Black Walnut Point,\\nOak Hammock, and Sassafras Hammock, just east of Oak\\nHammock. These lands, with the marshes adjoining, I\\nsuppose would cover some 200 acres. He got these lands", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0096.jp2"}, "97": {"fulltext": "91\\nfrom his brother Butler Tyler. Besides them he owned\\nHorse Hammock, above stated, having got it from the heirs\\nof Thomas, or from Pruitt. In Horse Hammock there are\\nnot more than two or three acres of upland, but it contains\\na good deal of marsh I expect 100 or 200 acres of marsh.\\nIt was considered by David Tyler that the Horse Hammock\\nmarsh ran up to the Virginia boundary, about three-quarters\\nof a mile above Horse Hammock.\\nYth Question by same. What have you heard about this\\nboundary\\nAnswer. As stated in my former deposition, I have heard\\nconflicting statements about the boundary some thought it\\npassed along the south side of Mister s Thoroughfare, near\\nwhere I live, and I myself have thought that the big stone\\nat Beaver Hammock was a mark of a former boundary,\\nalthough I have never heard when, or by whom, it was put\\nthere. Nearly all of the old people on the island, however,\\nhave thought that the boundary between the States was at\\nthe lower line I mean the one commencing at the stone\\nabout three-quarters of a mile above Horse Hammock, and\\nrunning west by Drum Point and Parks Ditch and the\\nMarriage House, where John Tyler now lives, on to the Bay.\\nI refer to my former depositions for what is there stated in\\nreference to this lower line, here reaffirming all that I have\\nsaid in them respecting it. I am satisfied that this has been\\nconsidered by the old people on the island, for 150 years\\npast, as the boundary between the two States.\\n8th Question by same. Who owned the place above Oak\\nHammock, now owned by Benjamin F. Marsh and the heirs\\nof Nathan Bradshaw, when you first knew it and from\\nwhom did he get it\\nAnswer. It belonged to Richard Bradshaw, my grand-\\nfather, when I could first recollect I think he obtained it\\nfrom John Tyler, who lived there before him. I think this\\nJohn Tyler was a son of Thomas Tyler, and a brother of\\nButler and David Tyler and my mother says that she heard", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0097.jp2"}, "98": {"fulltext": "92\\nher mother-in-law (Arabella Bradshaw, the wife of Richard\\nBradshaw, who lived at the place) say that her husband\\n(Richard Bradshaw) got it from her brother John Tyler;\\nthis must have been 75 or 80 years ago, perhaps more, since\\nRichard Bradshaw got it from John Tyler.\\n9t7i Question by same. Do you know any creek on the\\nisland called Dogwood Ridge Creek, or any place called Dog-\\nwood Ridge\\nAnswer. I know a place called Dogwood Ridge Ham-\\nmock it is just to the west of Wesley Marsh s, at the place\\nnow called the Head of the Greek, which is where what is\\nnow called Shanks Creek connects with the Bay. The upper\\npart of Shanks Creek, for forty years or more, has been\\ncalled the Head of the Creek the lower part has, for\\nabout the same time, I think, been called Shanks Creek. I do\\nnot know what it was called more than forty years ago. The\\nDogwood Ridge is close to the 11 Head of the Creek, which\\nruns west of it. There is nothing but marsh west from the\\nHead of the Creek, between it and the Bay. There are\\nsome settlements south-west of it, but west and north-west\\nof it there are none between it and the Bay.\\n10th Question by same.\u00e2\u0080\u0094 What part of the island chiefly\\nwas formerly owned by the -Evans family\\nAnswer. They owned Rogue s Point, which lies south\\nand east of Dogwood Ridge (now owned by Wesley Harsh).\\nI cannot say what other lands the Evans owned in this part\\nof the island they may have owned more, before my day,\\nthat I know not of. My grandfather, Richard Evans, owned\\nRogue s Point, and his brother, Francis Evans, owned Dog-\\nwood Ridge, where Wesley Marsh now lives.\\nllth Question by same. Where are the places called North\\nEnd and Pritchett s Hammock?\\nAnswer.\u00e2\u0080\u0094 North End and Pritchett s Hammock are about\\neast of where I live they are separated from each other by\\na gut called the Deep Gut, which divides my land from\\nthat of Haney Bradshaw s.", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0098.jp2"}, "99": {"fulltext": "93\\n12th Question by same. \u00e2\u0080\u0094Will you give, as nearly as you can,\\nthe boundaries of the place where you live, and say from\\nwhom the title to it was derived, as far back as you know?\\nAnswer. The place where I live belonged formerly to\\nMarmaduke Mister, as I have heard my father say I do\\nnot recollect him myself. It passed by his will to his wife\\nSarah, and to his son Severn, and they sold it to my father\\nJacob Bradshaw, I think about the year 1800. I got it in\\nthe division of my father s estate. It commences at the\\nmouth of the Deep Gut between Pritchett s Hammock\\nand North End, at a locust post which I placed there some\\nsix or seven years ago, in the place of an old one which was\\nwashed up by the surf, and runs thence 180 perches due\\nsouth, thence south-west by west 20 perches, thence, I think,\\nsouth and by west 200 perches to a little gut near Wesley\\nMarsh s called Dogwood Ridge Hammock Gut, thence to\\nthe Head of the Creek, thence by the Bay northerly to\\nthe Thoroughfare, and by the Thoroughfare to the beginning\\nboundary. The deed calls for 100 acres more or less I\\nexpect there are 200 acres, if not 300, including the marsh.\\nThere is said to be 14 acres of arable land upon it.\\n13th Question by same. Do you know of any thoroughfare\\ncalled Fort Thoroughfare, which connects with a Ditch\\nThoroughfare from Tyler s Creek to Dogwood Ridge Creek?\\nAnswer. I never heard of any place called by the name\\nof Fort Thoroughfare, within my recollection. The\\n61 Ditch Thoroughfare from Tyler s Creek to Dogwood Ridge\\nCreek must be Parks Ditch, which connects Tyler s\\nCreek with what is now called Shanks Creek and the Head\\nof the Creek, which last, as I have said, is the upper part\\nof Shanks Creek.\\nlith Question by same. Did you ever hear of any place\\ncalled Home Hammock on Smith s Island\\nAnsiuer. I never heard of such a place, as I know of.\\nMy mother, who is a very old woman, nearly ninety years\\nold, says she never heard of such a place.", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0099.jp2"}, "100": {"fulltext": "94\\n15th Question by same.\u00e2\u0080\u0094 Have you ever heard of Horse\\nHammock being called by any other name than that of Horse\\nHammock\\nAnswer. I have never heard it called by any other name.\\nI have been told that it was formerly called by some Horse\\nIsland.\\nAnd further this deponent saith not.\\nSEVERN BRADSHAW.\\nSworn to by the above named Severn Bradshaw, before me,\\na Justice of the Peace for Somerset County, Maryland, this\\n26th day of June, 1876.\\nOLIVER S. HORSEY, J. P.\\nAttest\\nCM. Dashiell, Clerk.\\nDEPOSITION OF MRS. POLLY BRADSHAW.\\nCrisfield, Md., June 26th, 1876.\\nMrs. Polly Bradshaw, a witness on the part of Virginia,\\nhaving been duly sworn, deposes and says\\n1st Question by Counsel for Virginia (Judge Robertson).\\nPlease state your age, whose wife you are, who were your\\nfather and grandfather, and where you have resided and still\\nreside.\\nAnswer. My age is sixty-four. I am the wife of Haney\\nBradshaw. My father was Hamilton Bradshaw Richard\\nBradshaw was my grandfather, and Arabella, his wife, was\\nmy grandmother. I have resided, all my life, on Smith s", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0100.jp2"}, "101": {"fulltext": "95\\nIsland, and still reside there. My grandfather died when I\\nwas quite young, (about 4 years old). I can remember him,\\nthough I cannot remember anything of his conversation.\\nMy grandmother lived to be quite old she has been dead\\nforty years. My grandfather died about sixty years ago.\\nI lived with my grandmother until she died living with\\nher after I was married. My grandmother, I should suppose,\\nwas about 86 or 88 years old when she died.\\n2c? Question by same. Did your grandmother continue to\\nreside on the place at which your grandfather lived at the\\ntime of his death, and what place was it that they did reside\\nupon\\nAnswer, Yes, sir she lived and died on the same place\\nthat my grandfather lived at. It was the place upon which\\nher uncle, John Tyler, had lived but it did not belong to\\nhim, though he claimed it. My grandmother s brother,\\nLittleton Tyler, when he heard of the defect in the title,\\ntook it up, or got title in some way, and sold it to my grand-\\nfather, Richard Bradshaw. Upon this same place Benjamin\\nF. Marsh now lives, and it is owned by him and the heirs of\\nNathan Bradshaw.^ At the death of Richard Bradshaw,\\nLittleton and Hamilton Bradshaw got it. Hamilton\\nBradshaw, who was my father, left his share to his son\\nWilliam Bradshaw, and Benjamin F. Marsh has now\\nbecome the owner of that share. Littleton Bradshaw s\\nshare went to his son Nathan, and Nathan s heirs now live\\non it. The place I speak of is just above Oak Hammock,\\nwhich adjoins Black Walnut Point. Sassafras Hammock\\nlies a little to the east of Oak Hammock.\\n3c? Question by same. How are you related to Severn\\nBradshaw, who has been examined as a witness in this case?\\nAnswer. I am the cousin of Severn Bradshaw he is a\\nson of Jacob Bradshaw. Severn Bradshaw and I are also\\ncousins of my husband Haney Bradshaw his (Haney s)\\nfather was named Richard.\\n4tth Question by same. Have you ever heard your grand-", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0101.jp2"}, "102": {"fulltext": "96\\nmother and other old people on the island say anything\\nabout the boundary between Maryland and Virginia? If so,\\nstate what you may have heard them say about it.\\nAnswer. I have heard them say the line came through\\nMr. Parks place, passing between the house and kitchen,\\nleaving one in Maryland and the other in Virginia that it\\npassed through Parks Ditch, along by Drum Point by a\\npoint of shells, and thence on across Cedar Hammock, and\\nthence to the mouth of Annamessex river. Captain John\\nTyler of Severn now lives at Parks place, where the line\\nwas said to run between the house and kitchen. Cedar\\nHammock is where there is a big rock, about three-quarters\\nof a mile above Horse Hammock, and where there is a cedar\\nstump at least I know there used to be a cedar stump near\\nwhere the rock now is\\n6th Question by same. Who was the first person you know\\nof who live J at Horse Hammock, or owned that place\\nAnswer. The first that I know that lived there was John\\nTyler, sometimes called Jackey Tyler. I have heard that a\\nman named George Pruitt lived there before he did I don t\\nknow whether Pruitt owned it or not. He married Martha\\nThomas, the widow of John Thomas, who lived there. I\\ndon t know whether it belonged to her husband John\\nThomas, or to Pruitt. Martha Thomas was the mother of\\nJoshua Thomas the preacher, and of Josiah Thomas. John\\nTyler, who lived there, was the son of David Tyler, who got\\nthe place after Pruitt had lived there. John got it as his\\nshare of his father s estate. I don t know whether David\\nTyler got it from Pruitt or Thomas s heirs it was before I\\ncan remember.\\nQth Question by same. Did you ever hear of a place called\\nFort Thoroughfare, or of a Ditch Thoroughfare, from Tyler s\\nCreek to Dogwood Ridge Creek?\\nAnswer. I never did hear of a place called Fort Thorough-\\nfare. I would suppose that the ditch from Tyler s Creek to\\nDogwood Pudge Creek was Parks Ditch, which connects", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0102.jp2"}, "103": {"fulltext": "97\\nTyler s Creek with Shanks Creek, which goes up to Dog-\\nwood Ridge Creek, and connects with the Bay by what is\\nnow called the u Head of the Creek.\\n7th Question by same. Have you ever heard of a place called\\nHome Hammock on Smith s Island?\\nAnswer. I have never heard of any place called by such a\\nname.\\n8th Question by same. Has the land at Drum Point, Black\\nWalnut Point, Oak Hammock, Sassafras Hammock, and\\nwhere your grandfather Richard Bradshaw lived, washed\\naway much, within your recollection\\nAnswer.\u00e2\u0080\u0094 Yes, sir, right smart from eight to ten yards\\nfrom where my grandfather lived and at Drum Point and\\nBlack Walnut Point the land has washed away, I think, not\\nless than one hundred yards. Sassafras Hammock is sur-\\nrounded by marsh, and I cannot say how much that has\\nwashed away. In saying that Drum Point and Black\\nWalnut Point have washed away one hundred yards, 1 do\\nnot wish to be understood as saying positively that they\\nhave washed away as much as one hundred yards, but I\\nknow they have washed away considerably. Where the\\nmarsh came down to Tyler s Creek the creek has encroached\\na great deal upon the marsh, within my recollection, and is\\nmuch wider now than it formerly was. Just at the end of\\nDram Point it is not washed as much as elsewhere, being\\nprotected by shells.\\n9lh Question by same. What land did David Tyler own at\\nthe time of his death, and to whom did it go after his death\\nAnswer. He owned Drum Point, Black Walnut Point,\\nOak Hammock, and Sassafras Hammock, which he had\\nbought from his brother Butler Tyler. He also owned\\nHorse Hammock, which he had got from Pruitt, or the heirs\\nof Thomas. He made a will, but there was some defect in\\nthe execution of it it was not duly witnessed, but his\\nchildren carried it out after his death. Thomas got Black\\nWalnut Point; William got Drum Point; his daughter\\n13", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0103.jp2"}, "104": {"fulltext": "98\\nAnne, who had married John L. Tyler, got Oak Hammock.\\nSassafras Hammock went to the three jointly, and so did the\\nmarsh to all the places. His son John got Horse Hammock.\\nAnd further this deponent saith not.\\nPOLLY BRADSHAW.\\n[Her mark.]\\nWitness\\nC. M. Dashiell.\\nSworn to by the above named Polly Bradshaw, before me,\\na Justice of the Peace for Somerset County, Maryland, this\\n26th day of June, 1876.\\nOLIVER S. HORSEY, J. P.\\nAttest\\nCM. Dashiell, Clerk.\\nDEPOSITION OF A. D. TYLER.\\nThe following deposition was taken on Smith s Island,\\nMr. A. D. Tyler being sick, and unable to go to Crisfield to\\ntestify.\\nC. M. DASHIELL, Clerk.\\nSmith s Island, June 27th, 1876.\\nAlexander D. Tyler, a witness on the part of Virginia,\\nhaving been duly sworn, deposes and says\\n1st Question by Counsel for Virginia (Judge Bobertson.)\\nPlease state your age, where your reside, and who were your\\nfather and grandfather.", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0104.jp2"}, "105": {"fulltext": "99\\nAnswer. My age is 43 years I reside at Oak Hammock,\\nSmith s Island my father was John L. Tyler, who married\\nAnne, the daughter of David Tyler, who lived at Black\\nWalnut Point he (David) owned Sassafras Hammock,\\nDrum Point, and Oak Hammock. The place where I now\\nlive fell to my mother in the division of his estate, and it\\ncame to me at her and my father s death. My grandfather\\n(David Tyler) died before I was born. Besides the places\\nabove named, David Tyler owned, I think, Horse Hammock\\nalso, which fell to my uncle John in the division of his\\nestate.\\n2c? Question by same. Please state whether you have in\\nyour possession an extract from a deed to John Tyler from\\nHenry Smith, dated 8th day of August 1693, certified by\\nGeorge Handy, Clerk, and with the seal of his office attached.\\nIf so, please say when and how said paper came into your\\npossession and be so good as to produce the said paper, and\\nallow a copy of it to be made, as a part of this your depo-\\nsition.\\nAnswer. I have in my possession the paper referred to in\\nthe question, and now produce the same, for a copy to be\\nmade as a part of this answer., which copy is as follows\\nExtract from a deed to John Tyler and Henry Smith,\\ndated 8th day of August, sixteen hundred and ninety-three.\\nBeginning at the west point of the Home Hammock, running\\nnorth north-east along the creek side three hundred and\\nseventy perches, for length to a pine, and from thence one\\nhundred perches for breadth east south-east to a marked\\npost, from thence south south-west three hundred and twenty\\nperches to the main creek to the first bounder, containing\\nand laid out for two hundred acres, being part thereof in\\nVirginia and part in Maryland, taken out of the two afore-\\nsaid tracts containing two thousand acres aforesaid, with all\\nand singular the houses, yards, gardens, orchards, meadows,\\nmarshes, feeding pastures, ways, fishing or fishing pawns,\\nwith ail the appurtenances and emoluments thereunto be-\\nlonging or in any wise appertaining.", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0105.jp2"}, "106": {"fulltext": "100\\nc In testimony that the foregoing is a true extract from\\nthe records now remaining in the office of the Clerk of\\nSomerset County, I have hereto set my hand and affixed\\nthe seal of my office, this 4th day of December 1823.\\n[l. s.] George Handy, Clerk.\\nI got the paper, of which the foregoing is a copy, soon\\nafter the death of my uncle Thomas Tyler, a son of David\\nTyler.\\nThomas Tyler was living on Black Walnut Point at the\\ntime of his death, and the place was sold soon after his\\ndeath, in some legal proceedings. I was with his family\\nwhile they were looking over his papers, not long after his\\ndeath this paper was found among them, and his son David\\nTyler handed it to me, and told me that, as I was living on\\npart of the land, I had better take it, that it would he of no\\nfurther use to David Tyler s family, as they would not con-\\ntinue to own the land on which David Tyler had lived. It\\nhas been in my possession ever since.\\n3d Question by same. Do you know of any other land on\\nthe island to which the courses given in the above extract\\nwould apply\\nAnswer. I do not.\\n4\u00c2\u00a3h Question by same. Will you state whether, or not, the\\nland on which you reside, and the Drum Point, Black\\nWalnut Point, and Sassafras Hammock lands have washed\\naway on their south-eastern side, within your recollection,\\nand, if so, how much? Also, whether you have heard the\\nold people say anything about their having washed away\\nformerly.\\nAnswer. I don t recollect having heard the old people\\ntalk of the washing of the land. These lands have washed\\naway considerably, within my recollection; the washing has\\ntaken place south-east from Drum and Black Walnut Points,\\nbut pretty much south of Oak Hammock, where I live, and\\nabout south south-west from Sassafras Hammock. The", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0106.jp2"}, "107": {"fulltext": "101\\nwashing of which I speak is on the branch of Tyler s Creek,\\nwhich trends eastwardly from Drum Point. I recollect that\\nwhere there were formerly trees, now there is only marsh.\\nI think Tyler s Creek has widened somewhat in some parts,\\nprobably from 20 to 25 feet, within my recollection. There\\nhas been very little washing of the land on the western part\\nfrom Black Walnut Point to Drum Point. Besides the\\nridge that I have referred to as having been washed away\\non the south part, a good deal of the marsh along that\\nbranch of Tyler s Creek has washed away also.\\nAnd further this deponent saith not.\\nA. D. TYLER.\\nSworn to and subscribed by the above named A. D. Tyler,\\nbefore me, a Justice of the Peace for Somerset County, Mary-\\nland, this 27th day of June, 1876.\\nOLIVER S. HORSEY, J. P.\\nAttest\\nCM. Dashiell, Clerk.\\nDEPOSITION OF EPHRAIM TYLER.\\nThe following Deposition was taken at Baltimore, Md.,\\nJulv 1st, 1876.\\nC. M. DASHIELL, Clerk.\\nBaltimore, Md., July 1st, 1876.\\nEphraim Tyler, a witness on the part of Maryland, having\\nbeen duly sworn, deposes and says", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0107.jp2"}, "108": {"fulltext": "102\\n1st Question by Counsel for Maryland {Mr. Jones). State\\nyour name, your place of birth, the time of your birth, and\\nwhere you have resided since your birth. State your parent-\\nage and your employment.\\nAnswer. My name is Ephraim Tyler. I was born in\\nLittle Annamessex, at the house of Thomas Tyler, and, as I\\nwas told by my grandfather, Butler Tyler, I was born on the\\n10th day of May, 1797. When I was but a few months old,\\nI was carried to my grandfather s, Butler Tyler s, on Smith s\\nIsland, and have resided there ever since.\\nMy mother s name was Fanny Tyler. She was engaged\\nto be married to Ephraim Somers, who was a mariner, who\\nwent to the West Indies before they were married and was\\nsupposed to have been lost, as he never returned or was\\nheard of. The vessel was never heard of after her departure.\\nMy mother said that Ephraim Somers, above mentioned, was\\nmy father, and I was named for him. My mother was\\ndaughter of Butler Tyler, and niece of Thomas Tyler, Butler s\\nbrother. Before my birth she went to her uncle Thomas\\nTyler s in Annamessex, where I was born. My mother re-\\nturned to her father s house, on Smith s Island, which was\\na little south of Black Walnut Point, on the same land. The\\nhouse is now gone down. The nearest house to it, now stand-\\ning, is Thomas Bradshaw s, which is southwest of it. I was\\nraised at that place by my grandfather, Butler Tyler, who\\nmade a great pet of me, and I lived with him until his death.\\nI think he has been dead between forty-five and fifty-five\\nyears. He died near the time of his brother David Tyler s\\ndeath. He had lost his wife before my recollection, and my\\nmother, together with two other sisters, kept house for him.\\nOne of the sisters married Jesse Evans, and went to live on\\nNorth End, near the Thoroughfare. The other two sisters\\nlived with him until his death. The other sisters names\\nwere Jemima, who never married, and Nancy, who married\\nJ esse Evans, the father of Laban Evans, who was the father of\\nJames T. Evans, John T. Evans, William D. Evans and Tub-", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0108.jp2"}, "109": {"fulltext": "103\\nman Evans, who lived at Sassafras Hammock, all of whom are\\nnow living on Smith s Island. My mother died in 1854. My\\ngrandfather was very much afflicted, and, before ray recollec-\\ntion, had given a deed for all his property to his brother\\nDavid Tyler, reserving to himself one-half of the profits of\\nthe lands during his life. He died very poor, although he\\nhad inherited all the lands of his father, Thomas Tyler, as I\\nhave heard him say.\\nIn my early life I owned a vessel and sailed her for many\\nyears but for the last eighteen years I have been keeper of\\nthe light-house at Fog s Point, and since the discontinuance\\nof that light, of the light-house on Solomon s Lump, at\\nKedge s Straits.\\n2d Question by same. State the name of the first Tyler of\\nyour family of whom you have heard in the family, and\\nwhere did he come from, and where did he settle?\\nAnswer. I have heard that the first were father and son,\\n(John Tyler and his son Thomas Tyler), who came from\\nEngland and settled on Smith s Island. Thomas Tyler, my\\ngrandfather Butler Tyler s father, lived on the tract of land\\nknown now as Black Walnut Point. Butler Tyler told me\\nthat when he married he built a small house near his father s,\\nThomas Tyler s; after his third daughter was born, his\\n(Butler Tyler s) wife soon died, and he then went to live at\\nhis father s (Thomas Tyler s), where he lived until he died.\\n3 i Question by same. State the names of the brothers and\\nsisters, if any, of Butler Tyler, whom you recollect, and the\\nnames of their descendants.\\nAnsiver. Butler Tyler s father Thomas, in addition to\\nButler, who was the oldest heir, had the following children\\nwhom I recollect, viz: Thomas, Littleton, and David; he\\nhad a daughter named Ailsey, who married a Mr. Taylor,\\nand went to live at St. Jerome s, in St. Mary s County,\\nMaryland, and a daughter named Arabella, who married\\nRichard Bradshaw. Thomas Tyler, the brother of Butler,\\nwas raised on Smith s Island, and married in Little Anna-", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0109.jp2"}, "110": {"fulltext": "104\\nmessex, and went there to live. During the Revolutionary\\nWar he did a kindness for old Mr. Jacob Cullen (I think\\nthis was his name, the father of John Cullen,) who recently\\ndied near Orisfield, and old Mr. Cullen gave him a piece of\\nland for his lifetime, on which he lived until his death\\nthis I bad by tradition. This Thomas left four sons, James,\\nLevin, Jacob, and Littleton. Levin was Col. Levin Tyler,\\nwho lived and died on Pocomoke River. Jacob went to York\\nCounty, Virginia, and died there. Littleton, the son of this\\nThomas, married, lived and died in Little Annamessex.\\nAilsey, one of the daughters of this Thomas Tyler, married\\nPeter Dougherty of Annamessex, and lived and died there.\\nElizabeth, another daughter, married Laban Evans, and lived\\nand died on Smith s Island. Littleton Tyler, brother to\\nButler, who lived on Smith s Island for many years and then\\nremoved to Alexandria, was a carpenter and married in\\nAlexandria, and was killed while building a bridge at a\\nplace called Colchester. He (Littleton Tyler, brother of\\nButler) left the island before my remembrance what I\\nhave stated as to this Littleton Tyler is from tradition.\\nHe left two sons, William Tyler, who went to sea and\\nwas lost, and John L. Tyler, sometimes called John Tyler of\\nLittleton, who returned to Smith s Island and lived with his\\nuncle, David Tyler, and married his daughter, Anne Tyler;\\nand Alexander D. Tyler, who now lives on Oak Hammock, is\\nthe son of that marriage.\\nDavid Tyler, the brother of Butler, had four sons, Thomas\\nTyler, who lived on Black Walnut Point John, sometimes\\ncalled Jackey Tyler, who lived on Horse Hammock Severn\\nTyler, who married near Onancock, Virginia, and lived and\\ndied there and William Tyler, who lived and died on\\nDrum Point, and devised his land to Benjamin Bradshaw,\\nwho now lives on it.\\nWilliam Tyler met with an accident and was taken to\\nBenjamin Bradshaw s house, at a place called Point Comfort,\\nnear North End, where within a week or two he died. Up to", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0110.jp2"}, "111": {"fulltext": "105\\nthe time of the accident he had always lived at Drum Point\\never since I could recollect.\\nDavid Tyler had also three daughters: Nellie, who\\nmarried George Evans, of Jane s Island, and went there to\\nreside, but after the death of her husband she returned to\\nSmith s Island and died there Zipporah, who married\\nWilliam Croswell, went to reside at Jericho, near the\\nmouth of Great Annamessex River, and was left a widow\\nAnne, another daughter of David Tyler, married John L.\\nTyler, and was the mother of Alexander D. Tyler, who now\\nlives on Oak Hammock. Thomas Tyler, son of David above\\nmentioned, who lived at Black Walnut Point, and John\\nTyler, who lived at Horse Hammock, and William Tyler,\\nand Nellie, wife of George Evans, and the widow of Zipporah\\nCroswell, all agreed, whilst their father David Tyler lay a\\ncorpse in the house, that they would carry into effect the\\nwill of David Tyler their father, which had either not\\nbeen executed according to law, or was in some way defective.\\nUnder this arrangement Thomas Tyler got a deed for Black\\nWalnut Point, William Tyler got a deed for Drum Point,\\nand John L. Tyler, sometimes called J ohn Tyler of Littleton,\\ngot a deed for Oak Hammock, his father being dead.\\nJohn Tyler, sometimes called Jackey Tyler, who lived at\\nHorse Hammock, was not satisfied with Horse Hammock as\\nhis share intended for him by the will, and objected to the\\narrangement, that not being, in his opinion, an equal share\\nand, to induce him to consent to the arrangement, Thomas\\nTyler agreed to pay him 200 dollars, in addition to Horse\\nHammock, for his share of his father s estate he then con-\\nsented to the arrangement.\\n4th Question by same. State who owned and lived on Horse\\nHammock when you could first recollect, and who have\\nsuccessively occupied it and owned it since that time\\nAnswer. Before my remembrance, but I have heard from\\nthe old people, that George Pruitt lived at Horse Hammock;\\nhe had married Martha Thomas, the mother of Joshua\\n14", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0111.jp2"}, "112": {"fulltext": "106\\nThomas, The Parson of the Islands but I do not think\\nthat either Mrs. Thomas, before her marriage, or her first\\nhusband, or George Pruitt, her second husband, ever owned\\nHorse Hammock, for they were exceedingly poor. George\\nPruitt was a drunkard, and continued to be a drunkard until\\nhe was drowned, while drunk, having fallen oat of his\\ncanoe in Pocomoke Sound, I think. I have seen him a great\\nmany times, though I had but very little personal acquaint-\\nance with him. In the biography of Joshua Thomas, the\\nParson of the Islands, there is given an account of the ex-\\ntreme poverty of his mother, and of the body of George\\nPruitt being found, and a bottle of liquor having been found\\nwith him.\\nDavid Tyler, brother of Butler, owned Horse Hammock,\\nas far back as I can recollect but I am confident that he\\nnever lived there. The first Tyler that ever lived there, to\\nmy knowledge, was Thomas Tyler, the son of David who was\\nbrother of Butler, and the father of David who died in 1874.\\nThomas Tyler lived there some six or eight years, when his\\nfather David Tyler got him to break up and come and live\\nwith him at Black Walnut Point, where he lived until his\\ndeath in about 1864.\\nAfter Thomas left Horse Hammock, John, sometimes\\ncalled Jackey Tyler, another son of David, went there to\\nlive. He married a woman by the name of Euphemia Evans,\\nand he continued to live there until his death. Before his\\ndeath he got in debt, and his brother William Tyler paid\\nthe debt, and took a deed for the land, giving a bond of re-\\nconveyance upon the payment of the money advanced.\\nAfter the death of John Tyler (he nor his family not\\nhaving been able to pay for the land), William Tyler sold\\nit to Peter Evans, who lived there some years and made a\\ngreat deal of money, and then moved to Chesconessex,\\nVirginia. Peter Evans sold this land to his son-in-law,\\nJohn W. Marsh, who lived there for several years, and he\\nsold it to Johnson Evans and John W. Evans his son", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0112.jp2"}, "113": {"fulltext": "107\\nthey bought it jointly and John W. Evans sold his share\\nto his father Johnson Evans, who still resides at Horse\\nHammock.\\nhth Question by same. State what you have heard about\\nthe Horse Hammock property being in Virginia or Maryland?\\nAnswer, I have heard some people say that Horse Ham-\\nmock was in Virginia, and others that it was in Maryland.\\nI have also heard people say that when the owners of the\\nproperty paid their taxes, they paid part in Virginia and part\\nin Maryland. I have heard William Tyler himself say\\nthat, when he owned it, he had to pay part of his taxes in\\nVirginia and part in Maryland. I have heard it disputed\\nin which State Horse Hammock was, long before John Tyler\\nwas appointed a Justice of the Peace. There was sf election 0v#\\ndistrict on Smith s Island at that time, and I think very few\\npeople ever went off to vote. I do not know where John\\nTyler voted, if he voted at all.\\n6th Question by same.\u00e2\u0080\u0094 State what you have heard about\\nJohn Tyler s having been appointed a Justice of the Peace for\\nSomerset County, Maryland, whilst he lived at Horse Ham-\\nmock.\\nAnswer. Solomon Evans, who lived on Kedge s Straits,\\nwho was a very old man, and a very knowing one, said that\\nhe knew that Jolm Tyler lived in the State of Maryland,\\nand on his recommendation he was appointed a Justice of\\nthe Peace. This I have been told as coming from Solomon\\nEvans, but I did not hear him say so. I have also heard\\nthat Solomon Evans made oath that John Tyler lived in\\nMaryland, but. I have no knowledge whether it was so or\\nnot. I am almost confident that I heard that Solomon\\nEvans and John Tyler, after John Tyler s appointment,\\nwent together to Princess Anne and were there sworn in as\\nJustices of the Peace for Somerset County, Maryland. I\\nalso heard that it required two Justices of the Peace to take\\nthe acknowledgment of a deed, and that Solomon Evans\\nand John Tyler were appointed Justices, as being the two\\nmost competent men on the island.", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0113.jp2"}, "114": {"fulltext": "108\\n*iih Question by same. State what was the character and\\nreputation of Solomon Evans.\\nAnswer. He was one of the most respectable men on the\\nisland at the time of the appointment, was the largest\\nproperty-holder on the island, and had some education. He\\nwas a class-leader and exhorter in the Methodist Church,\\nand stood high in the Church at the time John Tyler was\\nappointed a Justice of the Peace.\\n8th Question by same. What have you heard about a stone\\non the Tangier Sound side of Smith s Island, in connection\\nwith a boundarv line between the States of Maryland and\\nVirginia, and where was the stone said to be located?\\nAnswer. I never heard anything about the stone, to the\\nbest of my recollection, until the trial of the Fashion,\\narrested for dredging in Tangier Sound. I heard then that\\nthere was a stone about half-a-mile north of Horse Hammock,\\nat a place called Cedar Hammock and that Thomas Tyler\\nsaid that when he was a boy he was ducked at that place, to\\nmake, him remember that a west line from that place across\\nSmith s Island was the line between the two States, and that\\nthe line ran an east course from that stone across the sound\\nto Watkins Point and I also heard that this east and west\\nline ran from Smith s Point at the mouth of the Potomac.\\n9th Question by same. State from whom you heard any-\\nthing said about the line between Virginia and Maryland,\\nand what you have heard.\\nAnswer. I have heard of it since I was a young man, but\\nI do not recollect anybody in particular having said anything\\nabout it, except my grandfather Butler Tyler. I am almost\\nconfident that I have heard him say that the line ran an\\neast course from Smith s Point to Watkins Point. Where\\nWatkins Point was I never knew, but I always thought it\\nwas Watt s Island, because it was said it was a place of high\\nland. Referring to the stone at Cedar Hammock, I had\\nnever seen it until some time after the trial of the Fashion.\\nJames H. HofTmam, who lived where John Tyler lives, was", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0114.jp2"}, "115": {"fulltext": "109\\nelected a Justice of the Peace for Maryland, on Smith s\\nIsland and some persons said that if that stone was on the\\nline between the two States, Hoffman lived in Virginia,\\nbecause he lived south of a west line from that stone and\\npassing along there in my canoe, I took my compass with\\nme from my vessel, which was in Horse Hammock harbor,\\nand I looked for the stone, which had never been shown to\\nine but I had heard of its location, and found it, and took my\\ncompass and sighted a west course from the stone. I could\\nsee Hoffman s house from where I stood, and it seemed to be\\n300 or 400 yards south of a west line. I have also heard\\npersons, in speaking of the line between the two States, say\\nthat it ran from Smith s Point through Old Heron Island\\nStraits, taking in all Smith s Island into Maryland.\\n10th Question by same.\u00e2\u0080\u0094 Did you ever hear of Dogwood\\nKidge, or Dogwood Ridge Creek, on Smith s Island?\\nAnswer. I have heard of these places down on Hog Neck.\\nI live on the northern part of the island Hog Neck is on\\nthe southern and western portion of the island. Dogwood\\nRidge Creek must be what is now called Shanks Creek.\\n11th Question by same. Did you ever hear of Sassafras\\nHammock on the bay; and state what you know of it?\\nAnswer. I knew a place called Sassafras Hammock on\\nthe Bay a great many years ago, which is now washed in\\nthe Bay. There was formerly on this Hammock four or five\\nacres of high land, and a house upon it, in which James\\nSpence lived. This Hammock from John Tyler s house,\\nwhere he now lives, was situated a west south-west course.\\n12th Question by same, What have you heard of runaway\\nmarriages at the house where John Parks formerly lived, and\\nwhere John Tyler now lives?\\nAnswer. To my recollection I have not heard anything\\nwhatever. If any runaway marriages took place there I\\nnever heard of them, to my recollection. I did hear a great\\nmany years ago of a couple who wanted to get married, and\\nhad a Virginia license, and sent for Joshua Thomas to marry", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0115.jp2"}, "116": {"fulltext": "110\\nthem. They went to some place in the south towards Mis-\\nter s Thoroughfare, and there, having concluded they were\\nfar south enough, they stretched a fishing line and crossed\\nover it, and having crossed the line, they concluded they\\nwere in Virginia, and Joshua Thomas married them.\\nlWi Question by same. Did you know a man hy the name\\nof William Mister who lived on Smith s Island about 1829?\\nAnswer. I knew him he was a son of Marmaduke Mister,\\nand, I suppose, lived with his father at about where the\\nchurch dow stands.\\n14th Question by same. Do you know places called\\nPritchett s Hammock and North End\\nAnswer. North End is, I think, where Haney Bradshaw\\nlives and Pritchett s Point lies north-west from there, and\\nI suppose the Hammock has washed away there is only a\\npoint of marsh there now. The land has washed away greatly\\nall around Smith s Island, and in the Thoroughfares. The\\nland seems a great deal lower than when I first knew it\\nit seems to be settling all over the island.\\nAnd further this deponent saith not.\\nEPHRAIM TYLER.\\nSworn to and subscribed by the above named Ephraim\\nTyler, before me, a Justice of the Peace for Baltimore City,\\nMaryland, this 1st day of July 1876.\\nJNO. T. MADDOX, J. P.\\nAttest\\nC. M. Dashiell, Clerk.", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0116.jp2"}, "117": {"fulltext": ".A. IP IP IE 1ST ID X IX.\\nEXHIBIT A.\\n(Letter from Hunter Davidson to 0. A. Browne.)\\nBaltimore, Md., Jan. 17th, 1871.\\nCapt. Orris A. Browne,\\nCom. State of Va. Steamer Tredegar.\\nMy Dear Sir Please try and make it convenient to meet\\nme in the Chesconessex on Tuesday, the 24th inst. It is\\nvery necessary that we should have some understanding\\nabout the Pocomoke oysterrnen, in order to prevent any un-\\npleasant occurrence between our citizens in the future.\\nI am very much obliged for the able letters you were kind\\nenough to send me, on the oyster trade, c, and will talk at\\nlength with you on the subject when we meet.\\nIf you cannot come, please write me, and direct to Cris-\\nfield, Somerset County, Maryland.\\nI am very truly yours,\\nHunter Davidson.\\nEXHIBIT B.\\n(Letter from Gov. WalJcer, of Va., to 0. A. Browne.)\\nRichmond, Jan. 16th, 1871.\\nCapt. Orris A. Browne.\\nMy Dear Sir I enclose you copy of my letter trans-\\nmitting to Governor Bowie a copy of your letter to me of the", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0117.jp2"}, "118": {"fulltext": "112\\n12th inst.; also copy of an unofficial letter of mine to Gov.\\nB. relative to his late communication to me.\\nI am much gratified with your letter of the 12th inst.;\\nit is, I conceive, a complete justification of your action, if any\\nwas needed. You will proceed and execute the law as you\\nhave in the past, carefully, faithfully, and firmly. When we\\ndesire a change we will inform you, and rest assured that in\\nthe performance of your duties you will always have the\\ncordial and firm support of\\nYour obedient servant,\\nG. 0. Walker.\\nEXHIBIT C.\\n{Copy of Judgment.)\\nState of Maryland vs. Schooner War Eagle, of Phila-\\ndelphia.\\nMarch 17th, 1849. Judgment of Condemnation against\\nthe Schooner War Eagle of Philadelphia, for catching oysters,\\nand having unlawful instruments on board, contrary to the\\nlaws of this State.\\nWitness my hand John W. Handy.\\nEXHIBIT D.\\n(Copy of Judgment.)\\nState of Maryland vs. Schooner Tippecanoe of Philadelphia.\\nMarch 17th, 1819. Judgment of Condemnation against\\nthe Schooner Tippecanoe of Philadelphia, for catching oysters,\\nand having unlawful instruments on board, contrary to the\\nlaws of this State.\\nWitness my hand John W. Handy.", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0118.jp2"}, "119": {"fulltext": "113\\nEXHIBIT E.\\n{Copy of Judgment.)\\nState of Maryland vs. Schooner Betsey Ann of Cherrystone.\\nMarch 8th, 1849. Judgment of Condemnation against the\\nSchooner Betsey Ann of Cherrystone, for catching oysters,\\ncontrary to the laws of this State.\\nWitness my hand and seal\\n[seal.] John W. Handy.", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0119.jp2"}, "120": {"fulltext": "IliTDEZ.\\nDEPOSITION OF WITNESSES.\\nFOR VIRGINIA.\\nPAGES.\\nDeposition of John W. Gillet 3- 9\\nOrris A. Browne 10-14\\nJohn Richard Drurnrnond 14-18\\nHarvey F. Johnson 27-30\\nJohn W. Marsh 31-45\\nJohn Marshall 60-69\\nWilliam G. Hoffman 70-78\\nJohn Tyler 78-88\\nSevern Bradshaw 88-94\\nMrs. Polly Bradshaw 94-98\\nAlex. D. Tyler ........98-101\\nFOR MARYLAND.\\nDeposition of Harvey F. Johnson 18-25\\nBenjamin Thomas 46-50\\nJohn W. Handy 50-54\\nJames Lawson 54-59\\nEphraim Tyler ...101-110", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0120.jp2"}, "121": {"fulltext": "", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0121.jp2"}, "122": {"fulltext": "", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0122.jp2"}, "123": {"fulltext": "", "height": "4386", "width": "2496", "jp2-path": "depositionsofwit00boar_0123.jp2"}, "124": {"fulltext": "", "height": "4448", "width": "2789", "jp2-path": "depositionsofwit00boar_0124.jp2"}}