Depositions In Williams Lawsuit By City Pioneers Give Interesting Details Of Life In Early Chattanooga (19th In A Series)

Depositions in the Williams lawsuit that was discovered in an old building last year give first-hand accounts of the early days of Chattanooga.

Some of the city's leading pioneers made the trek to the county courthouse at Harrison to answer the attorneys' questions.

Some of the same close associates of Samuel Williams were called four or five times in the long-running lawsuit from around 1845 to 1852.

Sometimes their ages were listed. On others, they told how far they had traveled and how many ferries they had to cross.

The clerks of the day wrote in a flowing cursive that is mainly very legible. At one section there is a beautiful calligraphy that would have delighted the late William Raoul.

Many sections of these depositions were used in the prior articles in this series.

Colonel James A. Whiteside June 6, 1850. Was duly sworn on the Holy Evangelists of Almighty God." At time of G.W. Williams death he had a drove of stock cattle on their road to the Virginia market under charge of Silas Williams, who also took cattle of his own. 578 started. 14 were lost on the road. 284 G&S Williams and 248 Silas Williams. All sold for $4,095.46 in September 1842. G.W. Williams went several days with the drive, then returned home. Creditors in Baltimore were alarmed about the solvency of the debtor and that the business of the firm was much embarrassed. Several of the claims were sent to Tennessee attorneys for collection. In order to save Samuel Williams' credit, I borrowed for him from Silas Williams a large portion of the proceeds of the cattle drive. Small portion of Baltimore debts in name of Williams & Oxley, which was dissolved in the spring of  1841. Samuel Williams assumed those payments. There has also been a firm of S. Williams & Bros. that had been dissolved before the death of G.W. Williams. Also dissolved was firm of Williams, Whiteside & Co. in which James S. Edwards was involved. G&S Williams was to pay a debt I owed to James Eaton's administrator for about $100. I had given a note for a lot of corn bought at the sale of Eaton's property. Corn went to G&S Williams, which sold it to a contractor on the railroad. Joseph G. Smith had a small portion of the debt. Silas Williams was a very close hard trader and dealt with his brothers as with strangers. Silas Williams died in the fall of 1843 on his return from Baltimore. Samuel Williams formerly occupied a house on Market Street. This was rented one year to John Colville. House was sold to G.W. Williams heirs. Samuel Williams has received the rent on a portion of the lands of the Hargrove and Fort Company. He managed a portion of this land. Nearly all the town lots were unimproved and unproductive. G&S Williams owned two ninths of this land and lots. Samuel Williams has had litigation with John Vail and A.E. Blunt on a $1,200 claim by Vail. This was related to the purchase of lands of the Carter, Boyce and Hines Company. Eighty acres was purchased for $1,200 in 1839. Williams agreed to let Crutchfield have one-half of the interest purchased. Samuel Williams conveyed 40 acres to Boyce in 1842. The Williams firm used the money it received from Boyce for other purposes instead of paying for the land. The book accounts which Thomas Crutchfield owed G&S Williams at the time of death of G.W. Williams were all paid by Crutchfield in the building of the brick store house sold by S. Williams to McCallie and Hooke. Expenses of three-story brick building at Chattanooga - the same sold to McCallie and Hooke. I solicited John Bridgman to take a part of the building. When the building was completed every interest in Chattanooga was much depressed. At the end Crutchfield told Bridgman he was owed $1,800 more, Bridgman told him to take his portion of the building, but Crutchfield refused. I furnished much of the lumber and materials for the building. Williams had furnished some. Hargrove and Fort lands were mostly in Hamilton County and some in Marion County. Renters of Williams land included Lewis Hall, Lewis Tyner, John Tyner, John Sattee and William Cook. I attended to rent of lands below Chickamauga Creek. I owned an interest in all the tracts except the 26-acre one cultivated by Sattee, but Williams had no interest in it. G&S Williams owned two ninths of tract where Lewis Hall field is situated. They had one-ninth interest in lands rented by Lewis Tyner and one ninth in lands rented by John Tyner and William Cook. Land on southwest side of the creek was cultivated by Cornelius Milliken. Also owned portion of land cultivated by Henry Cornett and land cultivated by James Lee. Remaining interest in these lands was by Tomlinson Fort, Ker Boyce, Farish Carter, William B. Wofford, Thomas J. Parks, two of the McAfees, John Bridgman, William Gardenhire and myself. William Gardenhire died before G.W. Williams. Hargrove Company partners met with Samuel Williams in May 1841 and he rendered an account. He met with Carter, Fort and the executor for Hargrove (since he had died). After discussing the issue of the division and sale of the lands, it was decided that they should be for a time withheld from the market and remain undivided, and that each one should take evidence of his interest. I wrote a title bond to Carter for his interest and to Fort and the Hargrove executor for theirs. But, before the papers were prepared, Fort and Spurlock (the Hargrove executor) left Chattanooga. Carter remained, got his own bond, and took forward Fort and Hargroves. Before a final close, a discussion arose as to the superintendence of the lands, and the Williamses proposed to take them and keep them clear of all taxes, costs and charges, and in consideration of being allowed the rents. After signing the bonds, a clause was added by James S. Edwards to this effect, but the others did not sign it. They were in Chattanooga on the day G.W. Williams died to get their deeds or make some disposition of their lands. They decided to take their deeds and await a more favorable time for sale. Samuel Williams made these deeds and signed them two days after the death of G.W. Williams. There was again discussion of who should oversee the lands for the $20,000 investment of Boyce, Carter and Hines. It was decided that Samuel Williams and myself would oversee them. An agreement was signed by Ker Boyce and Farish Carter on Aug. 13, 1842. The same agreement was made with Dr. Fort - he having by this time obtained the Hargrove interest. I had purchased of Allen White some mountain lands and interests in some coal banks in 1840 or 1841. for the Boyce, Carter and Hines Company. I later approached Samuel Williams about taking the White deed. He said he had purchased a piece of mountain land from White in about 1845, being all he could get for a bad debt. White was insolvent and owed him. He requested me to take a deed from White for him. I now consider it not worth more than $300. The strata of coal is too thin to be valuable. The purchase of property from John Haley for $1,000 was made in 1839 and was part of the Carter, Boyce and Hines $20,000 investment. The Chickamauga Mills had washed away before G.W. Williams died, but the stream passed around one end of it for some two years. It was believe that Henry Timannus, who owned the land immediately above on the stream, was about to erect a mill as to prevent one on the Williams land below at the old mill. The Williamses were anxious to save their mill site and they began the erection of the mill in 1842 and were immediately enjoined by Timmanus from doing so. George Williams undertook the work and superintended the construction for a time. He took sick and died during the progress of the work, which was mostly carried forth by Samuel Williams. He incurred much expense in building and repairing the mills. He won his case with Timmanus in the Supreme Court. The title to the property was also in litigation with Gardenhire and Keeney in Chancery Court. This suit, which also was at great expense and trouble, was finally won. Samuel Williams had two-ninths of the land worked by Lewis Hall. In June 1848, there was a division with Carter, Boyce and Fort of the partnership lands. I and Samuel Williams became the owners of the remaining seven ninths of the Hall land. We soon sold to Hall at $20 per acre. The real estate of G&S Williams, with the exception of the homeplace, was much scattered, consisting of fractional interests undivided in many tracts of land in several ranges, townships, sections and quarter sections. They are scattered through the county from a point about two miles above Harrison to the Georgia and Alabama lines. It extends up and down the Tennessee River for more than 40 miles. Such stock of cattle and hogs as they kept required constant and laborious attention at all seasons. Samuel Williams has given such attention to a greater extent than any man I have ever known. The debts due to them were much scattered over the country and mostly bad. They had ceased the mercantile business some time before George died, and, being much embarrassed, had realized everything in their power in the way of cash collection and and stock, such as cattle, hogs or horses, before George died, leaving a tolerably large amount of debts due them. mostly bad. Samuel Williams has been involved in several harassing lawsuits from 1839-1850. One long and expensive suit was over the 14-acre fraction at Chattanooga involving the Carter, Boyce and Hines lands. It was settled in 1848 by dividing the 14 acres. G.W. Williams was a commissioner of the city of Chattanooga. The price of property in 1842, 1843 and 1844 was much depressed. With extraordinary exertions and sacrifices, Samuel Williams has saved the business from insolvency - a thing that seemed almost inevitable at the time of George's death and for some time after. He has from want of education or business knowledge he has not been able to proceed systematically as one better qualified could have done, but he has applied himself closely and industriously to the settlement of the complicated business thrown upon him.   

Deposition of Major John Cowart on Jan. 16, 1852: I lived about three fourths of a mile from their storehouse in Chattanooga and about four miles from G.W. Williams' house. A part of the time they both lived together. I still live at the same place. I have been a merchant 10 or more years. I have wound up, or helped to wind up, two businesses - that of Charles Sullivan and Williams, Black & Co. Samuel Williams and John L. Divine went into merchandising and stock trading. They were involved in cattle droves.

Deposition of B.M. Kellums on Jan. 16, 1852: Allen White began the repair of the Chickamauga Mills in 1842 before the death of G.W. Williams. I helped work on the mill. A considerable amount of work was done. The mill frame was put in. They were called Williams Mills. When the repairs were done, White took them under lease. I was hired by G.W. Williams and he sent me out there and paid me. Also working at the mills were West Shelley, John Kellums, William Evans, John H. Godsey and others. I continued to work at the mills for several months after his death until they were completed, and for several months afterward. White began paying. I made him take up my account at Smith, Edwards & Co.

Deposition of John L. Divine on Jan. 16, 1852: The Chickamauga Mills were under the control of Allen White after the death of G.W. Williams. 

Deposition of West Shelley on Jan. 17, 1852: Allen White came up to my house in June 1842 to see about boarding. He said he came to work on the mills. He said that G.W. and Samuel Williams were to pay for repair of the mills. White hired me to work at the mills. I worked to the amount of over $40, which Samuel Williams settled with me. White remained working at the mills for two or three years after the death of G.W. Williams. White died three or four years ago. A large part of the lumber for the mills was taken away by White for his own use. White gave orders in the name of G.W. and Samuel Williams to Chandler & Rogers and Smith, Edwards & Co. 

Deposition of Gilbert W. Dearing on Jan. 17, 1852: Allen White told me he made a contract with G.W. Williams to repair the mills and dam and building a grist mill. I worked there making the running gears of the saw mill. What White did with the lumber I don't know.  

Deposition of Jeremiah Fryar on June 5, 1851: I purchased from Samuel Williams a tract of land he got from R.M. Hooke in part pay for the brick store for $1,200. I got it in the winter of 1843. I gave six notes for $200 each, one note to be paid every year until all was paid. I paid them about the time they became due. I expect it is worth $25 to $30 per acre now. There were said to be 80 acres in the tract. He had some goods with John Divine. He has been driving stock and pretty much went to market himself. He has been persevering and energetic. He has always had a good deal of property about him I think. I have not known of him buying any land or Negroes since the death of G.W. Williams. He always said he was wrapping up the business of G&S Williams and was always pressed for money.  

Deposition of John P. Long on June 5, 1851: Capt. Long. Levy on property of J.B. Taylor. Business of Divine and S. Williams did not last very long - less than a year. 1 day, 26 miles. 

Richard Henderson deposition on June 5, 1851: Property dealing with James Kelly. Allen White and George W. Williams note to Wesley Davis. Justice of the Peace John A. Hooke. 

David Rankin deposition on June 6, 1851: James Rankin note on G&S Williams. James Pankey. He has died. He lived on my land at the time of the note. James Tankesley. 

Deposition of James A. Whiteside on June 7, 1851 

Deposition of Jesse G. Blackwell on June 7, 1851: I was a clerk for Williams & Divine mercantile establishment. Rezin Rawlings held sundry notes against G&S Williams, which were paid off in coffee and cash. G.W. Williams told me in the early part of 1842 something about a contract he had with Allen White for the rebuilding of the mills on South Chickamauga Creek. I was employed by Samuel Williams soon after the death of G.W. Williams to help in winding up the affairs of G&S Williams. I continued in that business for an extensive time. Once was a firm of Rawlings & Divine. In the winter of 1843-1844, Samuel Williams and John L. Divine bought a small drove of hogs that were purchased near the Kentucky line and drove them to Alabama. At the time Samuel Williams had a tolerable good wagon and three mules that he sold in the South for about $290. The mules had been bought from Jack Taylor. I believe the wagon was bought from Jerry Fryar. 2 days 70 miles.

Deposition of John L. Divine on June 7, 1851: I was clerking for Rezin Rawlings. Samuel Williams got the goods for setting up a store with me from Baltimore. Cattle were bought and driven to Virginia. The coffee was purchased of Tolbert Jones & Company, Baltimore. Samuel Williams never went off with the cattle more than 12 or 14 miles.  

Deposition of John A. Minnis. Lawsuit Joseph G. Smith, James S. Edwards, John S. Edwards vs. Samuel Williams. 

Deposition of Josiah M. Anderson, July 27, 1851: James Pankey showed me a note he held on G&S Williams for about $25. He came to my house in 1844 and told me that Samuel Williams had paid part of the note and left the rest with me to be paid. Samuel Williams paid the balance to me - about $8. I paid Pankey the balance. He died a short time after.  

Deposition of John Godsey. I lived with Williams in 1841 and until March 1842. I lived with Samuel Williams from February 1844 until December 1847. I helped cultivate Brown's Island every year I lived there. There were about 40 acres cleared at the time of the death of G.W. Williams. Samuel Williams cleared between 8-9 acres in the spring of 1846. George Evans cleared some upon a lease. The land was worth 12 bushels per acre. Corn was 10-15 cents per bushel. There was between 45-50 acres cleared at the home place at the death of G.W. Williams. About 30 acres is good bottom land worth about 12 bushels per acre. The rest would be worth about eight bushels per acre. The house is old and out of repair. The corn was all used on the farm and fed to the stock on the farm. Cattle were kept at Browns, Oats and Lowrys islands. Col. Anderson had some cattle at Lowry's Island in the winter of 1844. The were taken out in the spring of 1845. One yoke of oxen was bought of Samuel Sutton and another of Allen White. One yoke of oxen of Allen White died and the other was drowned in the high freshest of the spring of 1847. Samuel Williams built two large cribs and made a string of fence separating the cleared land from the woodland or cane on Brown's Island. The cribs were worth $10 each. Making the fence was worth $40.50. In the spring of 1845, Samuel Williams reset the fence around the home place. He made and put in some new rails.The resetting of the fence was worth at least $20. He had the portico to the house repaired to the amount of $10. In 1847, a cross fence was built containing 1,000 rails worth $7.50. Another was built containing 600 rails worth 70 cents per hundred. A fence was built on the fraction. I suppose it would take 3,500 rails to make the rail across the 15-acre field of the fraction. The fence was put on Brown's Island in 1848. There was no fence there before that except for a small hog lot. The cleared land is all on one side of the fence except for one small field. The stock are on occasion driven by dogs. The fence around the 15 acres was taken away by the freshest of the spring of 1847. A reasonable rent for Ross's Island opposite Chattanooga would be $20. Taking cattle on and off of the islands is a good deal of trouble. The expense of doing so would be $10 or $12 a year. I have seen several cattle kept on the islands drown. In the spring of 1847, 17 were drowned on Brown's Island and 16 were drowned on Lowry's Island. 

Deposition of Gilbert W. Dearing. The hubs and irons of one set of wheels are at the Chickamauga mills - the woodwork being worn out with the exception of the hubs. They are worth $15 to $18. There was another pair, but its wood work was entirely worn out. I had the wood  work of the wheels made entirely new. I just used the irons. 

Deposition of Robert M. Hooke. McCallie and Hooke purchased the north fourth of Lot 25 on Market Street on which there was a brick storehouse. We paid about $3,200 for it. Payment included some notes on G&S Williams and a tract on the Tennessee River below Chattanooga. We were to have possession the following spring. It was not finished until that October. Williams had an agreement with Jeremiah Fryar on a tract of land. It contained 80 acres, nearly all good bottom land. It was worth $25 to $30 per acre. It was then not cleared. It is now almost every foot of it in cultivation. The land was conveyed to Fryar for $1,470. 

Deposition of John L. Divine. I went into business with Samuel Williams on the first day of January 1843. Our partnership closed about 1845. Note due Carmichael and Blair. Note paid to Tolbert Jones & Co. in Baltimore in 1843. Elizabeth Gott moved to a farm near Chattanooga called the 104-acre fraction. She moved the old log cabins. One was moved a small distance, the other about a mile. I had the houses put up myself and hired the most of the hands to get out boards, etc. She had about $30 in improvements. We sold goods and stock. We sold goods not more than one year - the balance of the time we traded in hogs and cattle. Our first stock of goods amount to $1,885. We sold it for at least $1,200 or $1,500 profit. We then drove near 300 head of cattle to Virginia in 1843, which we made $1,350 profit. While in Baltimore I bought another stock of goods, which we never opened. We sold those goods to Doctor Mitchell for about $450. We also drove nearly 500 head of hogs, which we made over $700. We drove another drove of cattle to Virginia in 1845. There were many other transaction of which we made considerable money. The profit was near $4,000. One drive the most of them was old and heifers. I did not want to put them in, but he said we must put everything in to raise money. I would think the cost of driving hogs to Augusta would be between $1.25 and $1.50 per head.

Deposition of Jesse G. Blackwell. I attended to much of the business of Williams and Divine, especially the mercantile part. Payments to hands for driving hogs to market in the fall of 1842. Calvin Dail, $12.75, Giles Adams, $10.37, Jack Johnson $6.25. Joshua Smalley $12 (for the drive and work at the home place 1842 and 1843. Amount paid to Ramsey and Kennedy.   

Deposition of William H. Stringer. I am acquainted with Brown's Island. I owned a preference in the island once. I leased a part of it to a Mr. Redman who was to clear 10 or 15 acres. He was also to build some cabins on it. I would suppose there are 20 or 30 acres cleared by 1838, including the Redman field. The rest has been cleared since that time. A portion was cleared by George Evans. Some 40 acres have been cleared since the death of G.W. Williams. Corn is considered to be worth 20 cents per bushel. I suppose to bring corn out of the island by boat and wagon it would be $2 per 100 bushels. In contests on corn justices normally settled at $1 per barrel. 1 Day, 26 miles (to court).

Deposition of Alexander Kelly. Oats Island is not in cultivation. It has about 64 acres - all in cane. It will winter about 50 herd of cattle. Some charge a dollar a head and some $2 a head for wintering cattle. Samuel Williams uses it some. Col. Anderson kept stock on it one winter. He said he got permission from Col. Whiteside. Lowry's Island has 172 acres. The most of it is in cane. I suppose it would winter 130 or 140 head of cattle. It is difficult to get to Oats Island and attended with risk. You have to go through other people's land. There is a clear passage to Lowry's Island. There is a road and ferry to it. There is some risk to keeping cattle on it. There is a bridge across the Sequatchie River and a toll is charged in time of high water. 1 Day. 46 miles from Marion. 

Deposition of Reese B. Brabson. Sometime in the spring of 1847, Benjamin B. Cannon said to me he had taken the notes of Samuel Williams for costs in the Circuit Court and it seemed that he would never pay, always pleading that he was hard run. The notes amounted to $123. He said he would take $100, and I paid him that. 

Deposition of David McNabb. Age 39. My understanding there is a tract of about 1,200 acres. It lies on the side and the top of the mountain opposite Kelly's Ferry and Savannah Island. Samuel Williams came down there and said we would have to be stopped from working at the coal banks - that there were minor heirs who had an interest and it was sort of a difficult case that a back slam might come against a fellow after a while. I rented the coal banks from Mr. Williams and gave him my obligation for a third of the coal that we took out. His third was to be left at the bank. I think he received $5 Or $6 from Mr. Sterling for rent of the coal lands. Mr. Pearson bought 20 yards of the coal bank. He was to pay for some coal he had previously dug. Robert Jack, who lives on Sale Creek, said he had sold it to Williams. The coal had been discovered at the time of the sale. It went by the name Jack's Entry. Williams sold the land to me for $300. I was acquainted with Allen White. He lived in a house on the mountain. He had been ailing for some time and went there for his health. He died at the house. I lived at the north side of the Tennessee River in Marion County about two miles above Kelly's Ferry. I have been living in the same neighborhood for 20 years or more. John Haley sold a coal bank to George and Samuel Williams. It was about seven or eight miles from my coal bank. Haley and Evans worked it some. 1 Day 40 miles, four ferriages $20 from Marion County.     

Deposition of James C. Connor. I rented land from Samuel Williams 1839-1843 lying on the river above the mouth of South Chickamauga Creek. I rented about nine acres and paid about 30 bushels rent. Corn was selling about two cents per bushel from the heap. Thomas Connor rented the land in 1844 and since that time Mr. Cook. I cleared about 12 acres and it was of the first quality. I think he rented in the 5th District to Esquire Milliken and Henry Cornett and James Lea and in the 7th District to Samuel Green. He rented the mills to Allen White. I think he rented a saw mill to John A. Carpenter one year for a third of the lumber he made. I rented all three of the mills from Allen White one year. For the grist mill, I paid about $100. I rented one of the saw mills to Carpenter. There are frequent overflows of the river in the spring with fences being carried off. There were not any very high freshets while I rented the mills from Williams - only in June 1840. There have been several high freshets since I rented from Mr. Gardenhire on the river below where I rented from Mr. Williams and they were considerably damaged. I suppose all bottoms were overflowed and damaged some. I generally paid the rent on the heap. I do not believe there have been freshets in crop time since i quit leasing from Mr. Williams except this year (1850). There were unusually high freshets in March and December 1847. I always paid for first bottom, with the exception of one or two years, 15 bushels per acre. I never paid for second bottom, but I suppose they would be worth $10 to $12 per acre and upland from eight to 10 bushels per acre, and for rented a part of the crop. A third of the corn was the usual rate.2 Days. 22 miles. Two ferriages. $20.

Deposition of Peter Sivley, 36. Samuel Williams rents lands from the mouth of South Chickamauga Creek to the Wayland lands, and some lay above the Wayland lands. There was some lands below the mouth of the creek, and the schod section, and the place where Shelly lives and the place called the Bruce farm. One tract was sold to Lewis Hall. Another piece was a 26-acre fraction lying above the mouth of the creek between Cook's and Latta's. In 1847 and 1848, he got about 600 bushels of corn. In 1849, he got near 800 bushels. Colonel Whiteside and myself collected the rents below the creek. There were several leases with terms of four years for clearing - Daniel McDaniel, William Cook, H. Cornett, E. Adcock, W. Cobb, Lewis Tyner, Samuel Green and J.C. Connor. I was agent for Park, Wofford and McAfee. They owned lands on the west side of Chickamauga Creek. Concerning the Duncan Field, Hiram Tyner had it in corn in 1846 and Lewis Tyner in 1847. In 1849 it was in oats by John Black. This year it is rented to William Lattee at 10 bushels of corn per acre. 

Deposition of Squire Cornelius Milliken, 58. I rented and tended Williams lands on the west side of Chickamauaga Creek from 1842 to 1848. I paid the rents to Col. Whiteside at 225 bushels per acre per year except one I paid part oats. James Lee paid 300 bushels per year. Henry Cornett paid 250 bushels per year. Samuel Williams himself received rents from Lewis Hall, John Lattee, William Cook, John Tyner and Lewis Tyner. Hall had 21 acres of river bottom worth 15 bushels of corn per acre. Hall has since purchased the land. Lattee cultivated 12 acres and paid 12 and 1/2 bushels per acre. Cook had 29 acres including 13 of bottom worth 12 and 1/2 bushels per acre. The other 16 were worth 10 bushels per acre. That was the fifth crop on the land. John Tyner had a few poles over seven acres at 10 bushels per acre. This was his fourth crop. Lewis Tyner had what was known as the Duncan field. It was a few poles over 13 acres and was valued at 10 bushels per acre. All the bottom lands have overflowed and the fencing removed from it several times. 

Deposition of Samuel Hamill. John L. Divine farm has at least 70 acres of cleared land. It possesses near an equal quantity of first bottom and second bottom with the upland. It is on average worth 12 bushels per acre. The fences on the first bottom and second bottom have been removed, but there is little problem with fences on the upland. It takes much labor to keep the farm in repair. The land would be worth $2 per acre after paying repairs.

Deposition of Henry Daughtry. I rented from Samuel Williams one year and from Joseph G. Smith. I paid 330 bushels of corn the first yea and 400 bushels the second year. Smith hauled off a portion of the rent the second year. This land was in the 7th District on the southeast side of the Tennessee River opposite Dallas Island. It went by the name of the Smith and Williams Farm.

Asahel Rawlings. I rented some land from Col. Whiteside for two years that was said to belong to G.W. Williams and Samuel Williams. I agreed to pay a standing rent. The fencing was all out of fix and they paid me for the repairs and cleaning up the land. I do not recollect how much I paid him in corn after taking out the repairs. I would think about $30 a year after taking out the repairs. The land lies below Chattanooga on the river and adjoining Chattanooga. I understood it belonged to a company that included Ker Boyce, Carter, Whiteside, Williams and others.   

William Varnell. I am acquainted with the land known as the Bruce farm. I don't think if I was going to rent this farm I could give more than $40 a year for it. I rented the Bruce farm in 1843 from Samuel Williams and held it for three years. I paid a third of what was made for the rent. I don't think corn sold for any of those years more than 20 cents if that high. The first year there was about 15 acres sowed in oats. The other two years it was about 20 acres. The first two years it was about $30 for repairs. The last year was about $10. The oats averaged about 20 bushels to the acre and were worth about 20 cents a bushel.

Daniel Sivley. Samuel Williams has been engaged in the buying and selling of stock. He has been engaged more or less every year in the driving hogs or cattle.   

John Norman. Allen White hired all the hands and Williams paid all. White paid us off and stopped work and said he would stop buying so many goods. Williams said when he came back he would have goods of his own to pay with when they went with the hogs. He had been working a good while. He worked at the mill.The mill was owned by Williams. White carried it on. Williams was very often there superintending the business. Obediah Patty said he worked at the mills and was paid in articles at the store of Smith, Edwards & Co. He said drawn orders were given for goods at the store. He saw some of the hands get paid there and some at Long's store. Williams said when he came back from the east they would have goods of their own. This was the fall of 1842. Brittain Riddle said he made a pair of timber wheels, and the work was worth $47. He was paid first out of the store of Smith, Edwards & Co. and Williams paid him the balance. He said Allen White was not good for his debts. John Godsey was to have some iron to make a stirrup for the saw mill and charge it to Samuel Williams.This was Oct. 31, 1842. Pay Burt Kellum $15.30 and charge it to Samuel Williams. Let West Shelley have $2 on your store. Also, Frank Capps $3, A. Looney 50 cents, Shipley Dearing. September 1842, Allen White let George Evins have $6 in your store and let Thomas Discon have $2 and charge it to Samuel Williams. Oct. 15, 2842, let Henry Ison? have $4.50 in goods and charge it to Samuel Williams. Let William Mason have $3.50. John Norman $2 in goods. Send Cornelius Milliken the following articles and charge it to Samuel Williams - four barrels of meat, 10 pounds of coffee, one large tin bucket, and six tin cups. Allen White said let Mr. McGehe have $1.50. Let Mr. Riddle have $2. Pay William Baker $4.50. Mr. Baucum have $4. Mr. Cook have $2. Frank Capp have $3. John R. Bell have 70 cents. John Kinny $7. John Tyner $6. Mr. Boren have $11. William Jones $10. John Kiling $5. William Lawrence $2. Bart Celing $3. John Keling $4. One cake of shaving soap. Let William Jones have $6 or $7. D.A. Wilds $4. Gross Scruggs $2.70. R.W. Gibson $5.   

West Shelly worked on the mills. There were a good many hands who worked at the mill. Allen White had a yoke of oxen and a cart. White had the mills three or four years. He got behind and left.

Gilbert W. Dearing said White hired him in the fall of 1842. Said he would pay him in Smith, Edwards & Co. store. There were mills on both sides of the creek. Dearing was to repair one mill for $150. White was to pay him in cattle and hogs and at the store. Dearing would not start the work until he saw Williams. He then did the work. He was paid several cows and store goods. There was a good many hands working on the dam. Samuel Williams was starting a trip to the south and he told his hands to do with as little goods as they could. White had run him in debt a great amount at Smith, Edwards & Co. where he owed them the last hard dime he had. He planned when he returned to have goods of his own to pay off the debt White incurred. 

Samuel Cross said he and his brother work at the Williams mills about $200 worth in 1842. He was paid some $40 or $50 in the store of Smith, Edwards. He got some $20 or $23 from the Williams and Divine store. Capps, John Godsey mentioned. George D. Foster said about the time that Samuel Williams was starting with his hogs in 1842 Alpheus Edwards, who was a clerk in the Smith, Edwards store, said he saw Samuel Williams in the streets of Chattanooga and asked him about orders from White to see if they were alright. Williams said he would pay $80 for fencing and if more was needed he would draw the orders himself. Edwards followed him down to the river and was talking about attaching the lumber.

Ignatius Hall, 55. George Williams purchased home place from Richard Waterhouse. 

John Haley. Williams had lands near Kelly's Ferry that had a coal bank. Lands were claimed by my father. I was working the coal bank, but I ceased working it until the matter could be settled between Williams and the heirs of my father. 

William Foster, 44. Supporting the two families and the slaves and the livestock in the G&S Partnership. He was in possession of the home tract of land at the time of his brother's death. Afterward, he took a second wife and took her to his home, having divorced his first wife, a sister of complainant Elizabeth under circumstances which probably dissatisfied her. But he never mistreated her in any way or denied her any right she was entitled to. She was aware that the property was partnership property. After death of George W. Williams, Samuel Williams did not appropriate the slaves for his own use, but for the support of both families. 

Elizabeth was put off with the negro woman Jinny and boy Albert and some three or four cows. The cows died except for one. At the sale she purchased some corn and bacon, which was soon exhausted. She was turned out of her home and out of doors and to penury with her two infant children by the fraudulent acts and doings of Samuel Williams.  

Samuel Williams was living on the home place before the death of George W. Williams. I was at the store house of Williams, Whiteside & Co. on Sunday in August of 1840 when some of Williams' hands who at the time were working on a turnpike road, they wished some goods in payment of their labor. Mr. Edwards, who was then a partner in the concern and the clerk of the House was unwell I measured and weighed goods for the hands myself. 

George D. Foster deposition. George W. Williams had drove hogs before. Left on the farm at the time of his death were hogs, horses, cattle, negroes, household furniture, bees, farming tools, one wagon and corn. There was something like seven or eight negroes. I don't know the amount of property or stock. I would suppose the two negro men to be worth ten dollars a month. There are two women worth about six dollars a month. The rest are children. Two of them would be worth about four dollars a month. Any less ones would not be worth their victuals. Of the 50-acre tract, I reckon about 30 acres is bottom and about 20 acres is upland. It is common bottom and common upland. Samuel Williams now lives there. George W. came from Alabama to live with his father. George W. Sr. was living there when I came to the country. George W. Jr. may have been there then. He farmed there with the old man until a year or two before the old man died. He went to merchandising in the valley above where a live for awhile, not as long as a year I think when he moved his goods back into the house where his father lived and remained there until the partnership was formed. George Sr. had an old negro woman and two small boys that he let Richard Waterhouse have after the death of Richard G. Waterhouse. It was an over payment that was to go to Waterhouse to go toward paying for the land that Bud Taylor or some other of the connection had bought from Waterhouse. There was a portion of the negroes I was acquainted with and a portion I did not know much about. The old man built the house. It appeared to be built under his direction. The labor that was done there seemed to be under the old man's direction. There has been some land cleared and some stables built since the old man died. I don't think the house and yard and well are in as good a repair as when the old man was living. The stables are such as common country farmers have to keep their horses in. The first time I ever saw George W. he was living in Alabama and had come up to see his father. The next acquaintance I had with him he had come up and was living with his father on the farm. I think farming was his chief occupation. It was five or six years from the time I was acquainted with him that the partnership was formed. As well as I recollect, the partnership was formed in 1834. Samuel Williams lives there now. I have visited him there and heard him call it his place. I think I saw the widow of George W. Williams and her family at the house a year after his death. Afterward, they lived in a house nearly west of Chattanooga.

Abel Beason. I was at one time a clerk for G&S Williams. I have been at the house visiting Samuel Williams and heard him call it his home. G&S Williams was concerned with a store in Lookout Valley with Silas Williams, in which James A. Whiteside had no interest. I left home in the fall of 1840 and returned in the spring of 1841. When I returned the firm of Williams & Whiteside was dissolved. When I came home G&S Williams was doing business. They both were engaged in it at the time they sold out to Capt. Long in the spring of 1841. The goods while Whiteside was a partner were purchased in New York with most purchased on credit. Silas Williams drove some cattle to market. He herded them on Raccoon Mountain opposite Trenton, Dade County, Ga. Silas mainly purchased the cattle by debts due him.

John P. Long.  My first visit to Ross's Landing was about August 1835. The Williams had goods there in partnership. They continued in partnership in goods until the summer of 1841. A portion of the time they had other partners in the concern. They sold out to me in 1841.The stock of goods amounted to $4,700. I paid about $1,000 down. I made a note to James A. Whiteside for $2,400 or $2,500. At the Williams sale the negroes were all there except for a woman and perhaps her child. They were bid off for the widow. One of the negro men (Paddy) I should judge to be about 30 years old and said to be in good health. The other (Bob) was somewhat older and appeared to be in bad health. One of the women (Eliza) seemed to be about 25 years old and had the appearance of good health. The balance I do not recollect about. I would think that they sold for very fair prices.The articles for the widow were approved before hand and consisted of household items and articles such as she wanted. The land was sold in the city of Chattanooga on Market Street near the post office.

James S. Edwards. James A. Whiteside told me he had sold out his interest to George and Samuel Williams for $500, that he had concluded to do so rather than be bothered, that it would be a very troublesome business to settle up. George Williams told me he had bought out Whiteside and gave him $600 for his interest. He said he and Samuel were to pay the debts of the firm. I also agreed and took the same amount. There was a good deal owing, but what amount I am not able to state. There were books left that showed the amount of accounts owed the firm and went into the hands of George and Samuel Williams.    

John Haley, 43. Samuel Williams informed me he had received a large sum of money to invest in land. Colonel James A. Whiteside drew a bond for the land, and I signed and Charles Haley signed. During the partnership I lived about five miles from G.W. Williams and about nine miles from Samuel Williams. There was a coal bank near Kelly's Ferry that the heirs of my father claimed. I was working there and received notice from Samuel Williams that he claimed the land. I quit working there until it could be settled.  

James Ford, 54, witness. I had a blacksmith shop and had made him (George W. Williams) some plows. He said charge them to him as he kept the home place separate from the firm.

Witness. George W. Williams married over a year after his father's death. He was farming and merchandizing and raising stock.   

William Ford, 44, and D.F. Cocke, 30. I was at the G.W. Williams residence when there was to have been a sale of two or three negroes and other property. I went there for the purpose of purchasing a negro or two, and, owing to Mr. Berry's not being willing to let Samuel Williams purchase the property without paying the money, he would not let the property be sold. Samuel Williams said he had paid a good bit of the firm's debts and he felt if this property was sold it would not bring its full value.

Alexander Kelly, 44. I was acquainted with George W. Williams and George the father. G.W. lived with his father. They lived in Jackson County, Ala., until about or after the death of the old man. By they I mean the balance of George W. Williams' children. G.W. was merchandizing and doing tolerably well at the time of his father's death. I don't know when Samuel Williams moved from Alabama to Tennessee. I suppose between 1830 and 1835. When Samuel Williams moved here, the property included hogs, cattle, dry goods. Silas Williams was involved in selling and buying cattle. I recollect one drove of cattle to market by Silas Williams, but I do not recollect the year. I lived about 12 miles from him. Him and me was very intimately acquainted. The trade from the lower end of the county was mainly done with Col. Oats and me, and when G.W. Williams first went to lay in goods he came and stayed all night and told us his business and he was cautioned about merchandizing. He told us his circumstances and how he had to make the payment. If I remember right, Col. Oats or me, or perhaps both, loaned him some money, which we did do a few times. I think we gave him a few lines to Nashville. G.W. Williams bought his first goods on credit, but I suppose he was able to pay when due. I have heard G.W. Williams say that the right of the home place was in him and as it was his residence he did not have it in the partnership. He wanted to keep it clear for him and his family to live there as long as they lived.

Ignatius Hall. At the sale, John P. Long was the principal bidder and bought the principle part of the property. My understanding was that he was bidding for the widow.   

Thomas Crutchfield, 48. I advanced $1,200. The contract was made by Caloway or Jarnagin. I was asked to draw the note for $1,400 and to pay $1,200, which I done. 

Benjamin Ford, 54. All I know on home place was what I heard G.W. Williams say. I had a blacksmith shop and had made him some plows. I asked him when he came for the plows if I must charge them to him or the firm. He said he kept the home farm to his own use. He further said that other work must be charged to the firm. I lived four miles away. 

James Berry, 26 or 56?. Clerk and Master of Chancery Court, Cleveland. At first sale, attorney Whiteside advised Samuel Williams not to do it.There were some moneyed people there who wanted the sale to go forward. At the second sale date, John P. Long made the only bid for the widow. No one else bid on any of the property except perhaps for some small articles. I thought the property was bid off at a very fair price. Samuel Williams told me he wanted the property sold as soon after the court made the order of sale as I could.

William Biggs, 50. I went to the sale. When the sale started it was talked of in the crowd that some individual was going to bid on all the property for the widow. I was told the property was to be sold on a credit and that is why I did not bid. I saw no valuable property sold but what was understood to be for the widow and the crowd seemed to understand it in the same way. There was some property we did not wish to purchase, and the crowd seemed to take no interest in the sale.

Jesse G. Blackwell, 27. Samuel Williams paid debts of G&S Williams. Around $1,100. He used about $6,000 of the effects of G&S Williams in paying off the debts. I think he has paid about $8,000 of the firm's debts. Samuel Williams made bills of exchange payable at the Union Bank of Maryland of Baltimore, which bills were discounted at the Branch Bank of Tennessee at Athens. The proceeds of those bills were used in the purchase of livestock, such as hogs and cattle, which were driven to market. The profits made were invariably applied to the debts of G&S Williams. Samuel Williams in some cases has given his individual note to pay the debts. And by his untiring exertions he has paid many debts in different ways. Almost every trade made between Samuel Williams and John Divine.I think Samuel Williams has bought some livestock with debts due to the late firm of Williams & Oxley, but I am not positive as to Williams and Divine. The amount discounted was many thousands of dollars. The most of the bills were discounted at the branch of the State Bank of Tennessee of Athens. One I recollect was discounted in the Planters Bank and one was at the Union Bank at Nashville. 

I recollect of Samuel Williams paying debt to George Elliott of Alabama of about $100, Elias Wilburn about $400, Rector Preston near $50, R. Henderson attorney for either Peck or Kelly over $100, John Sappington over $100, the administrator of James Eaton, dec. near $100, Berry Brown, Green H. Pryor about $1,300, and many others made at different times and different places. 

John Johnson, 49. My understanding was that the home place was the individual property of G.W. Jr. I was present when they settled their partnership business - G.W., Samuel and Silas. Silas kept all his land, his horses and his stock cattle. G.W. and Samuel got his drove cattle and his store books and notes and paid his county debts. I became acquainted with them in 1838 or 1839. I think Mr. Foster and Mr. Beason were at the settlement. Thomas Oxley may have been also. They took the cattle home for the winter and in the spring put them on the mountain and in the summer drove them to market.   

John Vail, 59. I sold one-half of the Missionary Tract on South Chickamauga Creek to G.W. and Samuel Williams for $1,200. There has been some profit from the mills, but I do not know how much. 

Hampton Thompson, 42. I heard G.W. say that the tract he lived on was his. Samuel Williams made no reply that I remember. It was 14 or 15 years ago before G.W. and Samuel went into partnership and put up their store at Chattanooga, then called Ross's Landing. G.W. said he would have to take his brother Samuel into partnership because he was not able to work.

Thomas J. Park. I along with William B. Wafford and John M. McAfee had some interest in some Williams lands. We made Peter Sivley our agent.  

Jeremiah Fryar. Land values down in 1844 due to doubts about the railroad being completed or at least stopped. I had an understanding that George and Samuel Williams were full partners in everything they had. George said he had a debt in Nashville and that Samuel had sold his land in Alabama for $1,100 and that would help with the debt. I purchased 80 acres from Samuel Williams after the death of George. I think he got it from Judge Hooke. He got the land in exchange for the brick storehouse. I bought a slave from Samuel Williams named Soos. She was 12 or 13. I paid $400 for her. I think the money went to pay a debt. I sold Soos to Samuel Williams and I think he sold him to a man named Cross in Alabama. I lived about a mile from the Williams homeplace. I never heard any complaints from her or others after she left the homeplace. There were some small buildings a short distance from the new cabins, but I do not know if she ever lived in them. The buildings were not of much value. About 15 acres were cleared. I am personally friendly to the Williams the whole time and understand their business pretty well, having dealt with them a good deal. I understand from Silas that they paid the other heirs for their shares of the Williams lands. I understand that George Sr. got into a close place - something about a Negro - and because of that he had the title made out to George. This I learned from Silas. I understood that G.W. was to hold the land for all the heirs jointly. I do not know for what amount the brick house in Chattanooga owned by G&S Williams was sold. Refers to the place that came to be called Chattanooga.   

William H. Stringer. I was tax collector for Hamilton County in 1834. G.W. had 120 acres of common land and 668 acres of school land. None listed for Samuel Williams. G.W. and Samuel commenced business together in 1832 or 1833. I settled an account with G&S Williams for dealings in the store at Chattanooga. Afterward, G.W. Williams presented an individual account due to him for articles I had got for old man Smith down at the home place, which account I paid. It was for salt, sugar and some small fancy articles. It was around November 1837. 

Deposition of Davis, Samuel Williams brother in law. We were brothers in law. Each of them married my sisters. They went into partnership in the fall of 1832 I think. In the spring of 1834 in the last of February or the first of March Samuel Williams came to Jackson County, Alabama after some money that his land had sold for. 

Sivley. I was acquainted with the old man. I heard him say that the home place was G.W.'s. That he had bought a place in Alabama and given to Samuel Williams. And he bought another place on the Tennessee River for Silas. It was bought from John Gwinn. Another place was to be bought for Jesse.

Alfred M. Rogers. Part of the children lived in Alabama, part here. There was one girl.The old man had some hogs, a horse or horses, some farming utensils.  

Col. James A. Whiteside. March 1844. I became acquainted with G.W. and Samuel Williams in 1837. In 1838, I moved from Bledsoe County to Ross's Landing (now Chattanooga). They were in business as merchants and general partners in trading. I lived near them and that year I think entered in partnership with them as merchants and traders and in the purchase of occupancy rights and preferences of entry, and in the entry of lands in the Ocoee District. I was also their partner in the following year in the purchase and sale of stock cattle taken to the Virginia market, and also for one or two subsequent years. Our business was extensive and complicated, and I was in almost constant intercourse with them up to the time of our dissolution and settlement, and indeed up to the time of the death of G.W. and since his death with Samuel Williams up to the present time. 

George W Williams very often gave me a history of his early life and commencement in business and of the motives for and manner of joining Samuel Williams in business. He has very often told me of his embarrassment in a small mercantile business which he was doing before the partnership, of the efforts of other merchants to break him down (particularly the Rawlings), and of his going to Alabama where Samuel resided and inducing him to sell his land for money, drive up his stock and join him in business at Ross's Landing - a new trading place just opening to importance on the borders of the Cherokee Nation and near the portion which was being rapidly settled by Georgians from the lower country. As well as I recollect the amount contributed by Samuel was stated by George to be a little over $1,000 - proceeds of his land sale, stock mostly investable for market worth some five or six hundred dollars and his household effects, for George often said to me that one of them did not own a spoon. 

George declared to me the home place to be joint property belonging to him and Samuel, that it was cultivated and managed on their joint account with their joint forces, and that one had as much control of the place as the other, and that all its proceeds were treated and used as joint property. Some months before George died, say in the latter part of 1841 or the beginning of 1842, G&S Williams sold their stock of goods at Chattanooga and Samuel went with his family to the home plantation, and resided in the house with his brother, and continued to reside there up to and after George's death. Samuel was as fully and completely in possession as George was, and indeed it was understood between them at the time, as I was told by George that he was to do most of their distant trading and business, such as stock trading.  

Samuel tried to settle with Silas, but could not, but George had arranged it and could manage him. I told Samuel and he acquiesed to George's wish, and in a day or two he went and made the settlement (about Silas' share of the home place). He laughed about it and recapitulated the difficulty he and Samuel had with Silas.  

 George said he had commenced on nothing, got his goods on a credit and got them scattered out in the country on credit so that he could get little for them and that Sam's money saved him. He had not been doing business at Ross's Landing but on the north side of the river near the mountain. But when Samuel came they started a small trading establishment at Ross's Landing.

As to who made the contract with Hargrove, Carter and Williams, I cannot inform you as it was made before I had any information of it. But if a contract with Carter, Boyce and Hines is aluded to for the investment on their account of $20,000 in Ocoee and other lands, I made it myself in December 1838. Williams was to advance one-third of the money, Carter one-third and Hargrove one-third. I also had an interest.Samuel was representing George's interest. This agreement related to the Cherokee or Ocoee lands. The objective was to operate in river lands and in land contemplated to be near the terminus of the Western and Atlantic Railroad of Georgia on the Tennessee River. In the spring or summer of 1838, the Williams informed me (George first) of their contract with Hargrove and Carter. They desired my services in arranging their land papers. They were both active men but illiterate and did their business generally in a very confused, disorderly and unsystematic manner. I found their transfers defective and their description of land, in most cases, erroneous. And having made out a table of their purchases of occupation, I set about correcting their transfers and descriptions of land. While I was doing go, they proposed that I take an interest with them, and we agreed that I should take one-third of their third under the article with Hargrove and Carter, and pay one-third of the money. This let me into the purchases which they had previously made and I was in like manner and to the same extent to be interested in subsequent acquisitions. I was also to take a partnership with them in their store. And for my services then performed and afterwards in relation to the land was to be paid and afterwards was paid $600. 

From the time I became connected with them, I kept the accounts of this land, running through the purchases of occupation, entries of land, and rendering account to distant partners. I risk nothing in saying that I understood G&S Williams' interest in these lands and what they were composed better than they did themselves. Before George Williams died, a settlement took place in connection with this land with Carter and with Hargrove. 

These lands we're taken in 1838 and 1839 and, by the time it became necessary to close the partnership business of G&S Williams, from a suspension of the work on the Railroad and a distrust of it ever being renewed and also by the dreadful sickness which had scourged the country where these lands lay, the price of them became so depressed that considering their scattered and complicated condition, they (I mean G&S Williams') interest would scarcely have sold for anything. I went myself to the South and appealed to the partners of Williams to purchase the interest, but they refused to do so at any price. And in being asked said they would not give 50 cents on the original cost. Under a hope that this investment would still turn out well, Samuel Williams desired to hold on to it and to save to his brother's children their part if possible. It might turn out a fortune. The original investment had yielded no funds - the proceeds of a first sale having been reinvested.

Samuel was a resident of Ross's Landing at the setting up of the Ocoee District. All that I remember that they held out of the partnership was a lot bought of Rhea and Ross and one half of my own lot at Chattanooga. At a land sale, we bought it. If Samuel Williams had not bought it I do not believe it would have brought one-fourth of its original cost. 

In December of 1839 an agreement was reached to invest in coal lands in Marion County. It was between myself and Samuel Williams of one part and Farish Carter, Ker Boyce and Richard K. Hines of the second part. They were to advance $20,000 and more later if it was thought advisable. They advanced $20,000 first in bank notes of Georgia not receivable at our land office which were returned and they drew Bills of Exchange in New York for the amount and Samuel Williams had them discounted at the branch Bank of Tennessee at Athens. The proceeds went into the possession of the Williams' - mostly into George's hands I think for he was generally the most active businessman. The coal lands were bought from John Haley and placed in the Hines Company account. When George Williams died on Aug. 9, 1842, Col. Carter and Ker Boyce were at Chattanooga to close the business. On the 11th or 12th, Samuel Williams and myself made a deed to Col. Carter.   

They advanced $20,000 first in bank notes of Georgia not receivable at our land office which were returned and they drew Bills of Exchange in New York for the amount and Samuel Williams had them discounted at the branch Bank of Tennessee at Athens. The proceeds went into the possession of the Williams - mostly into George's hands I think for he was generally in all their business the most active businessman and dealt in this other things as to their joint business.

I do not believe these lands whether in small undivided interests or in whole tracts as surveyed or surveyed into quarter sections and fractions would have sold for half the amount of the cost. I frequently endeavored to sound the market and indeed could find none. I did so on the occasion of the Williams sale, endeavoring to induce the Southern Partners to purchase the Williams interest, but could not get them to do so. They had no interest to buy at any price. They seemed to look on their investments in these lands as almost a total loss and would not purchase any more. Recently, since an improvement in the health of the county which is taking place and since the resumption of work on the Rail Road, these lands and lots have greatly appreciated in value and I would say are now worth more than the original cost of preferences and entry money and interest on it.

The claims of two and a half occupant interests in one of the 80-acre fractions in Chattanooga in which the Williams had an interest of two ninths was disputed by adverse claimants in part and others called into question the validity of some of the claims. There were about 20 original occupants (I cannot undertake to name them) who still held their equitable claims or had assigned them to others. A majority of the occupants or their assignees had transferred their claims to R.A. Ramsey, A.S. Lenoir and A. Kennedy to be held in trust for them to lay off in town lots, sell and account for the proceeds. The Williams claims had been so transferred. Other occupants did not transfer and were litigating with Kennedy and his associates and the other occupants. Other embarrassment existed as to this tract of land and I could not well see how it could be brought to sale under a decree so as to get out G&S Williams' interest. Nor can I get see any better way than to operate on the Williams claims as it stands in setting up their partnership business. This claim might turn out to be worth nothing or it might become valuable. 

 They had all confidence in each other in their business transactions. There was no distrust of each other and no occasion for it because one could not defraud the other, everything being in common between them as regarded property, money or anything of value. And beside they were as intimate and confiding as I ever knew two brothers and I am certain each would have trusted the other for everything under all circumstances.

I had a partnership for two seasons in buying and driving beef cattle to the Virginia Market commencing in the year 1839 to about $23,000 or $24,000 and for the year 1840 less. This was under an agreement extending only to the cattle operation. I had another mercantile partnership with them commencing in the year 1838 or the first part of 1839 and terminating in 1841. 1 had also with them the connection in land operations which I've explained. Our dealings and those in which we were principal actors during that time amounted to as much as $100,000. I had frequent settlements with them about the cattle trading and much more frequently in relation to our land dealings in order to keep all things right in such complicated transactions. My settlements were almost universally made with George or with his own immediate supervision for he always appeared to understand business better than Samuel and would keep himself advised of all that was going on touching his interest. In making such settlements he very often said to me that if a partnership was like his and his brothers that he could have no trouble and would explain the advantages of such a partnership.The 44th and 45th belonged to the Hines Company, Hargrove Company and Park Company. The 46th and 47th were the same but also to John Bridgman, who has since died. The 48th and 49th belonged to the Hargrove Company. The 50th to the 52nd belonged to the Hargrove Company. And similarly on down to the 62nd tract. The Hines Company and Hargrove Company have sought to consolidate their holdings.

They were uneducated men and without any of the proper qualifications of merchants. Neither of them could keep books properly, nor did either of them know when books were properly kept. They had no order, system, or regularity in their mercantile business. And, when fairly into it, could not from their mode of business tell their actual condition so loosely and negligently did they conduct it and permit it to become blended with all their other transactions.  

Within a few days on the cattle drive George took sick and died. I was going to start to the north soon and Samuel implored me to fall in with Silas in Virginia, furnish him expense money, inform him of George's death, aid in selling the cattle and go to Baltimore and pay over the proceeds of the sale on the debts. George Williams had no money when he died and Samuel had none to furnish me when I started about the 15th of August. I went on through Washington City, passed over to Winchester in the Valley of Virginia and returned about 100 miles where I met Silas in the neighborhood of Staunton. I furnished some expense money of my own and was reimbursed out of the sale of the cattle so I consider I may safely say G&S Williams had no money at the time of George's death. A good many of the cattle which they drove were bought on credit and afterwards paid for by Samuel. I wrote up the settlement between Samuel and Silas regarding the cattle on Sept. 19, 1842.

John Starling. I think it has been about 21 years last winter since I first became acquainted with George W. Williams. I worked at the home place. I thought it belonged to the old man and George Williams. I don't know of any buildings being done after I went there. There was some land cleared after I went there which the old man paid for. There was a house weatherboarded after I went there, which was also paid for by the old man. George and the old man lived together about three years after I went to it and before the old man died. The first year I went there young George and I worked together in the crops. I then went off and, while I was gone, there was goods bought and George traded in them and continued trading in them until the old man died and after his death. I came back a while before Christmas and the old man's death. I think it was the next fall when Samuel come up. I think George bought about 40 head of cattle for market, also about 40 pork hogs. G.W. and Samuel turned all their stock together and seemed to treat it all as one. I heard G.W. say that Samuel sold his land in Alabama for $1,100. He said since then that Samuel had helped him considerably in getting out of debt. He spoke well of Samuel and never would forsake him. George did not have near as much stock as Samuel did. The way I understood it they were in partnership in everything in their possession. I never heard any distinction in the home place or anything else. George Sr. did not have a great deal of property beside the home place. He had some cattle and hogs, and young George carried off one small drove of hogs for the old man before he died. The old man showed me a parcel of silver, for how much I don't know, which he said George had brought back for the hogs. The merchandise goods were bought after George took the hogs off. George bought his goods in the fall and winter and the old man died the following February. He worked on the farm until he got the goods and then he attended to them. Silas lived with the old man part of the time. I heard George say that he and Samuel were to give their brothers and sisters $150. 

I lived one year on the north side of the Tennessee River near where Chattanooga now is. After the crop was laid by, I went back to the Williams home place. They had about 35 acres of cleared land when I worked there. They used to rent land as high as three barrels of corn an acre. I went with George when he took a drove of cattle to Virginia.

George bought the slave Bob there in the settlement where he lived. He was bought from a man named Johnson. 

They bought a tract from Lusk that was known as the Freeman place. One tract the old man bought I heard say that he bought it for his son, Silas Williams. 

Archibald Brown, 36. I became acquainted with George Sr. in the spring of 1830. I worked a good deal on the farm, minding stock. George said he had no more interest in the estate than any of the other heirs. At the time Samuel Williams moved here I was living in Marion County. Before that I was living in Hamilton County. I don't think George had but two horses. He had a small lot of cattle and hogs. George did buy up hogs in Marion, Hamilton and Lookout Valley before Samuel came up. The partnership was formed in 1833. In 1832, about November, a drove of hogs was taken to Georgia. There were between 180 and 200 hogs. 

Major John Cowart, 46. I have been acquainted with Samuel and George Williams 12 or 15 years, with Mrs. Williams 10 or 11 years. Mrs. Williams was frequently at my house and requested me to act for her children, which I refused to do, thinking I might move from the country. I never moved to Chattanooga, though I live on the north side of the Tennessee River and about four miles from the Williams. Samuel Williams lived part of the time at Chattanooga. I have been frequently in their store at Chattanooga, though I was not very well acquainted with their business. In the latter part of 1837 and the year 1838, I did see them most every day as they crossed at my ferry by the year, and I come to Chattanooga about them times nearly every day. My understanding has always been that the Negroes, stock and hogs and the home place were partnership property, though I do not recollect whether Samuel was living at the home place at the time George Williams died. When either George or Samuel mentioned the storck or other property on the farm, or at the store they always spoke of it as partnership property. I know they both with their families lived in the same house together. There was but one house on the property, though there were some small cabins that were used as Negro houses. Mrs. Williams did seem to have the fullest confidence that Samuel Williams would do her and her children justice. Samuel Williams paid me $50 for an occupant claim and also $225 for my interest in the little island opposite the Town Bluff.   

Jesse Blackwell, 27. I once heard George say that himself and Samuel Williams were about to settle their business with their mercantile partners and that they perhaps would be able to make themselves safe by taking all the effects of the firm Williams, Whiteside & Co., Williams & Oxley, and S. Williams & Bro. and make collections in young stock and rear them upon their farm at home as they designed making some improvements upon it and unite their joint services upon that place which, in his opinion, would be the only way they could save themselves as they were much ---."

George remarked to me that it was distinctly true, and known to the World, that he nor Samuel had any individual property, but that everything they had, from a clod of Earth up to the spoons upon their shelves were partnership property. And in the conversation George said that Samuel owned one-half of everything used by his family and he owned one-half of everything used by Samuel's family for six years before that time, and that he had the same interests in everything used by Samuel's family - although there was no instrument of writing between them. At divers time, from 1835 up to his death, George spoke of the home place being joint property.

I think Leonard Gibbons and Leonard Thompson were present when we had one conversation - at least a portion of the time. It was about eight or nine months before the death of George Williams. 

I was familiar with George and Samuel Williams from the summer of 1835 up to the death of George Williams. And I think I was as well acquainted with their partnership transactions during that time as any person not particularly connected with them in business. And I also think I have the right of knowing much of their business soon after the death of George. 

A short time after the death of George Williams I made a schedule of the personal partnership effects of G&S Williams, and think I found in notes and accounts to the amount of about $9,000 (owing to the firm). Nine or 10 Negroes, eight head of horses, and much other miscellaneous property such as hogs, cattle and farming tools. I think about $7,000 or $8,000 might have been considered good, and the balance was insolvent persons. 

I was never employed or considered as a clerk for G&S Williams during the lifetime of George Williams, though I frequently transacted business for them. Soon after the death of George, Samuel employed me as a clerk and general agent for the purpose of winding up the business of G&S Williams, and from the first of December 1842 to the first of February 1843, the most of my time was employed in selling goods, which goods Samuel Williams was interested in. The hogs were sold to different men, all I think living at Harrisburg, except a few sales made to persons in Augusta, Ga. I recollect distinctly of selling hogs to Morgan Buchn, Thomas Stackel, Keeser Floyd, Thomas John McKissick, George Weigh and others. The hogs were sold for cash. Most of these were owned by G&S Williams before the death of George. Some of the hogs were bought by Samuel Williams after the death of George and but a few days before the drove was started. This purchase amounted to something like $140 for which Samuel Williams gave his note with Silas Williams security, which note passed through other hands and was finally paid by John L. Divine with the effects of Williams & Divine in the spring of 1843 and perhaps in the month of June. And the amount of the payment was charged to the concern of G&S Williams. And by my own instruction in consequence of my knowing that the hogs for which this note was given was sold as the hogs of G&S Williams. And the proceeds of the sale of those hogs used by Samuel as the funds of G&S Williams in discharging the debts of that concern. No part of this drove of hogs was owned by Williams & Divine. This I state partially from the declaration of Samuel, but mostly by my own knowledge. 

They were taken to the Virginia market in 1843 by John L. Divine. The drove of cattle was purchased from divers persons. Some were bought from Samuel Farris. Joseph Johnson, Winfield Mann, Campbell Walling, John Tucker and divers other persons.

I know that one of the Negro women is much diseased and has been for several years - both her and her family of children. 

I had a conversation with George Williams at the Rail Road office. I believe Samuel Williams was at home at the time cutting briars. He told me several days later that he had done nothing else for the past week. 

Samuel Williams has paid many of the debts of G&S Williams since the death of George. The amount paid by Samuel is near $15,000. Including cost and other necessary expenses, I think the amount is near $16,000. The most of his time has been employed in settling the business of G&S Williams since the death of George. He has suffered many privations and undergone much labor for the benefit of that concern.

Elijah Thurman. I became acquainted with George W. Williams in 1831 and with Samuel Williams in 1833. I lived about three miles from them. I have heard them both talking divers places and divers times, and both said that everything they had in the world was partnership property, and they both said they lived out of a common stock and no accounts were kept between them. That if ever they did dissolve partnership, everything was to be divided equally without any reservation to one more than the other. I have probably every year heard them speak of their partnership until George died. The last time I heard George speak of it was when he was gathering their last drove of cattle. I rode some distance with him. I heard George speak of the partnership between them oftener than I ever did Samuel. George told me he had known men who kept no accounts, who had succeeded better than any he ever knew. And that was the reason he done business in that way.     

Silas Williams was complaining that George and Samuel were not going to pay him what was right for the home place. George said they had to pay him more than what was right or go to law with him. This was after the settlement had taken place. George said it was all settled up satisfactorily now. George said there would be no difficulty with Jesse about it - that Jesse was disposed to do what was right about it.

When Samuel Williams moved to Hamilton County he lived at the home place, and it is my recollection it was in the year 1833. George said Samuel brought with him $11,000 or $12,000 from selling his land in Alabama and all his stock of cattle and hogs. A portion of the stock of G&S Williams was kept on the island, a portion on the mountain and a portion on the home place, which lies close to the mountain, and a portion over the river.  

I would not have given Waterhouse more than $1,000 for the home place. 

John Baker, 43. George W. Williams the ancestor bought the home place from Waterhouse and paid for it. When he became in bad health, he told his son to go see Waterhouse and get the deed to the land he had purchased made to him (George Jr.), which was done. He instructed George to convey to his brothers and sisters equal portions of the land. George Williams paid me $150 in 1832, I think in May. It was for my wife's interest in the home place. George paid me $140 in 1832 and Samuel paid me $10 more after they went into partnership. He borrowed it from a man named Lusk. I gave George a receipt and both me and my wife, Polly, subscribed to it. George Williams had been merchandising prior to 1833. Samuel Williams was living in Jackson County, Ala., where he had a small farm. George W. had become much embarrassed in his pecuniary affairs. He went down in 1833 to Jackson County and proposed a partnership to me and Samuel Williams in business generally such as hogs, cattle, farming and merchandising. I declined to go into business with him, but Samuel agreed to do so. They were in partnership generally in everything, and neither one of them was to hold any property, either real or personal, separate, but everything was to be in partnership. Samuel Williams sold his farm in Alabama for $11,000, and that was used for the payment of George's individual liabilities in Tennessee. George told me he owed between $900 and $1,000 that he could not pay without help. They both told me that the debts of George had to be paid before they could go into business. Silas and Jesse were not of age when the partnership was formed. They were paid for their part in the home place after the partnership was formed. Silas Williams is dead. Jesse Williams is in Arkansas. George Sr. bought 100 acres or 120 acres from Waterhouse. I do not know the cost of it. George Sr. was frequently backwards and forwards between Alabama and Hamilton County. George Sr. bought a tract on the river, but it was also claimed by Silas. 

I lived 12 miles from George Sr. in Alabama. The boys was all left there together and my wife also. Samuel Williams married in Alabama and lived there some time, but never got any of his father's property while there to my knowledge. Samuel Williams lived with his mother in Alabama and was raised I supposed by the assistance of the property left in Alabama. After Samuel Williams married, he never got any benefit of the land that his father had in Alabama. 

George was not married at the time his father died.

Nancy Gwinn, 30. Silas had a wife, Nancy, who was afterward Nancy Gwinn. I have been acquainted with the Williams all my life. A settlement was made in Alabama in 1841. Silas, my husband, was to have the cattle, horses and hogs. Samuel and George was to have the Negro woman, the goods there were on hand, and the firm's debt. I have heard that they paid to Silas his interest in the home place by a tract of land of 80 acres now belonging to Major Cowart by Silas paying back his $150. The other heirs, John Baker and Henry Edwards, were paid $150 each. I cannot tell what was paid to Jesse. We moved up from Alabama after George W. Sr. died. We stayed a short time at George Williams. When we went to housekeeping we lived opposite to Chattanooga, the place now owned by Major Cowart. George moved to Lookout Valley and sold goods where Esq. Parker now lives.   

Deposition. I was in the store house of Williams & Whiteside & Co. one Sunday in August of 1840 when some of Williams' hands who were at that time working on a turnpike road said they wished some goods in payment for their labor. Mr. Edwards, who was then a partner in the concern and the acting clerk, was unwell, so I measured and weighed the goods for the hands myself. 

 

Rob Bentley, a young man who has developed a love for Chattanooga's history, said he got a call from his friend Robert Parks about the discovery. His company, T. U. Parks, was doing the demolition and build-out of the former Elks Building at Walnut and Seventh and the small adjacent former Title Guaranty and Trust building.

Mr. Bentley, who works at the venerable Chattanooga firm of T.T. Wilson and Company, said, "When they were demoing the old vault the workers found the old documents. Robert went to look at them and a check made out to T.T. Wilson was on top of the pile so he called me to let me know what he had found. I asked him if they would stop the demo of the vaults so i could come take a  look at the papers.

"By the time I got to the job site some of the documents had already been thrown into the dumpster and destroyed. I loaded up all the documents I could save out of the dumpster and the ones not yet thrown away into my truck. I went home and organized them the best I could."

The cache included many other checks to pioneer Chattanooga businesses.

The retrieved items included some 800 pages of old documents related to a lawsuit against Chattanooga pioneer Samuel Williams. Some of the documents date to well before the Indian Removal and to the earliest days of Hamilton County.

Mr. Bentley later met with Sam Hall, who has been saving thousands of old Chattanooga photos and documents through his Deepzoom Chattanooga website (now ChattanoogaHistory.com).

Mr. Hall was excited about the find and began scanning the Williams legal documents. He scanned a large group that was saved before some were thrown in the dumpster. Those retrieved from the dumpster, he photographed. Portions of those documents had water damage so that about a fourth of each page cannot be read.

Some of the documents bear the signature of H.C. Beck, one of the founders of Title Guaranty and Trust. The title company later built a much-larger headquarters next door. Both are directly across from the County Courthouse.

Through the years, the upstairs portion of the initial Title Guaranty building was rented to attorneys, including Lewis Coleman, a protoge of Coca Cola bottling magnate Jack Lupton. It is believed that the papers that were located were from one of the attorneys renting the upstairs office or from the Title Guaranty operation itself.

Later the small building was merged with the Elks Building next door. The county named the pair of buildings the Mayfield Annex. The county in recent years vacated the buildings and they are being renovated by Lamp Post Properties, which has been restoring several downtown historic buildings for new uses.

The Williams documents can be read on ChattanoogaHistory.com. They are in two files - the undamaged scanned ones and the photographed pages with water damage. 

The links to the Williams papers on Sam Hall's website are here.