JACKSON COUNTY, TN - COURT - Paulina Gipson vs. John Cummins ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed for use in the USGenWeb Archives by: David L. Price ==================================================================== The answer of John Cummins to a Bill of Complaint filed in the Chancery Court of Jackson County, Tennessee at Gainesboro By Perlina Gipson vs John Cummins This respondent saving and reserving the benefit of the usual exception to the many errors and untruths contained in Complainant's Bill answers and says that it is true as stated that the Complainant is the mother of a small boy about the age stated, who is a boy of color, and he is a bastard, that his mother, the Complainant, is a base prostitute, destitute of good morals, destitute of property, keeps and lives in a house of ill fame, states that she is not entitled to the best degree of credit. Respondent will further states that it is true as stated in said bill that said boy of color was bound and apprenticed to the Respondent by the County Court until he should arrive at the age of 21 years, but will here state that the proof introduced by Respondent in said cause before the County Court showed that the said Complainant and mother of the boy James, was a lewd and indecent woman was wholly unfit to raise said child and that she had no means of support and that Respondent to whom said boy was appointed was a man of good moral character and has a plenty means of support, that the condition of said boy would be greatly bettered by being placed in the custody of said Cummins. State that it is true as stated in said Bill that William G. Cox had himself entered as defendant to said proceedings and a appealed from the action of the County Court in said cause, to the Circuit Court. States that it is true as stated that said Circuit Court affirmed the action of the County Court in said court with slight modifications and remanded said cause back to the County Court to be proceed as directed by the Circuit Court. States that is also true that Complainant was not a party to said suit. States that she was a witness in said cause before the Court sanil itt,lite? and discredited by various witnesses and was shown to be a woman of no moral character, of loose habits, and no means of support either for herself or the said boy James. States that it is true that Complainant had contracted said boy of color to William G. Cox said contract was in writing, but still here state that long before she executed said written contract to said Cox, that she the Complainant had contracted said boy to this Respondent upon the following terms to wit, the said boy was to live with and serve the Respondent until he should come of the age of 21 years and Respondent was to teach him the art of farming feed and clothe him, care for him in sickness and in health, and was also to pay the said Palina his mother barrels of corn per aum? or a sufficient amount to bread her, further respondent did all the time said boy remained with him, which was fifteen months, during which time Respondent let Complainant have barrels of meal. States that said boy complained of being sick a few days and his mother the Complainant insisted that Respondent would permit him to go to her house and stay until he got well which Respondent agreed to, and said boy did go but in a very short time he was found in the possession of said Cox, and said Cox was attempting to have said boy apprenticed to him by the County Court and then it was that Respondent resisted the same and asked said Court to apprenticed said boy to him and upon showing all the facts heretofore stated said Court apprenticed said boy to Respondent which was approved by the Circuit Court as before stated, from which judgement the said W. G. Cox prayed an appeal to the Supreme Court which was granted by said court but before the adjournment of said Circuit Court, the said W. G. Cox by arty? came in to Court and agreed to dismiss his appeal, and pay one half of all the cost in said cause if this Respondent would pay the other half, which Respondent by atty agreed to do and therefore said appeal was dismissed and said Circuit Court made an order that if in case the said W. G. Cox did not give up said boy to Respondent that the Sheriff should take said boy and render him to Respondent. Respondent has not had said boy in his possession since he left the house sick as before stated and therefore has not yet complied with the order of the Circuit Court but will state that he is and has been all the time ready and willing to do so whenever he gets possession of said boy. Respondent states that the charges in said Bill, that Respondent is given to habits of intoxication or intemperance is wholly false and the charge that he is not regarded honest is a base and false slander which will be fully shown by the proof. Respondent will state that he does use spirits, when ever he feels inclined to do so, but will state that he does not think that he has ever disgraced him or injured himself or family either financially or otherwise and therefore he pronounces said charge false and slanderous, will further state that he is exceedingly sorry that he has to allude to any charge that so abandoned a wretch as the Complainant would make against him. Respondent states that it is true as charged in said Bill that said W. G. Cox is a young man of good moral character, but will state that he is a young man not married, had no house but his father's and does not admit that he is any more calculated or better prepared to take care of said boy than Respondent is. Respondent states that a copy of the record of said proceedings in the County and Circuit Court will be filed on the hearing. Respondent is advised that he has good cause for deinunven? to Complainants Bill and assigns the following crimes of Demeanor? 1. The Bill shows on its face that all the questions have been articulated? in the County and Circuit. 2. Because therefore this Court now has no jurisdiction of this cause. 3. It is not important that Complainant should have been a party to the record in the original causes in said Courts, and for Divers? other causes to be shown in argument. Again this Court will not enjoin an erroneous but a moral judgement. Respondent having fully answered prays to be dismissed, and asking for a dissolution of the injustice attudunint? Larles and DeWhitt Sols ************************************************************************** State of Tennessee, Jackson County Be it remembered that at a county court began and held in the court house in the Town of Gainesboro in the County and State aforesaid on the first Monday, it being the third day of October in the year of our Lord one Thousand Eight hundred and Fifty nine and of the Independence of the United States the 83rd court met. Pursuant the worshipful William W. McClue, John H. Mathanay, Peter G. Cox, W. H Whiteaker, Joseph Linn, Samuel Johnson, James G Campbell, Franklin Fowler, Scott Moore, T. J. Rose, William Hudson, David Griffith, John Cummins, Absolum Pharis, Albert Green, J. P. Brown, Sampson G. Gaines, E. S. Jackson, John Hamilton, J. J. Amanett, A. J. Tinsly, J. C. Gist, J. K. Fox, Lewis Hix, Henry Richmond, and White Myers Esqrs Justices On motion the court this day bound out unto John Cummins a free boy of color by the name of James Bartlet Gipson, of the age of 10 years, until he attains the age of 21 years on conditions that the said Cummins execute bond and security to keep and treat said boy as an apprentice and learn him the art of Farming and when he attains the age of 21 to give said boy one good suit of clothes. Where upon come the said J. Cummins into open court with Marrison Cummins, his security and executed bond accordingly, and that the clerk of this court issue a writ commanding the Sheriff of Jackson County to take said boy into his possession and deliver him to said Cummins in case he cannot otherwise get him. Bond This Indenture made this 3rd day of October between the county court of Jackson County and State of Tennessee in behalf of the Justices of our said county of the one part and there successors as such and John Cummins of the other part witnesseth that John Cummins and Marrison Cummins in pursuance of the order made at the October Term 1859 and according to the directions of an act of assembly in such case made and provided to put, place and bind unto the said John Cummins a free colored boy named James Bartlett Gipson of the age of 12 years with the said John Cummins to live after the manner of an apprentice or servant until he attains the age of twenty one years during which time he the said apprentice shall faithfully serve his master and his lawful commands, every where obey, he shall not absent himself from his masters service without leave but in all things behave himself as a good and faithful servant ought to do and said John Cummins on his part doth covenant and agree to and with the said court that he will teach and instruct or cause to be taught and instructed the said apprentice the art and mystery of Farming and at the age of 21 years to give him one suit of good clothes and he will constantly find and provide for him the said apprentice during the said period sufficient diet, washing,ladying, and apparel fitting for an apprentice with every necessary both in sickness and in health in witness whereof the parties have here unto set there hands and scales the day and year above written. John Cummins Marrisan Cummins Approved by the Court W. W. McClue Chairman Indenture William G. Cox presented and filed in open court the following articles of indenture from Palina Gipson to him binding her son James Gipson to said William G. Cox as an Apprentice until he is 21 years of age. The writing is in the words and figures to wit: State of Tennessee Jackson County I Pertina Gipson of said county and state do hereby bind my son James Gipson to William G. Cox as an apprentice until he is twenty one years of age. He is now 9 years of age and will be twenty one years of age on the 29 day of May 1871. I bind myself to the said Cox that he shall faithfully serve him as an apprentice for the time aforesaid and the said Cox binds himself to teach James Gipson the art of farming to provide for his health, diet, and clothing and comfort and to teach him honesty and morals and to faithfully guard and protect his person for and during the time aforesaid to in all things treat him with humanity and he the said Cox is to employ and pay a lawyer to defend her daughter, Polly Ann, that is in jail at Gainesboro accused of murder. This is the consideration for the said boy's services and in addition to the above and at the end of his term give him a good suit of --- Cloths, hat, shoes, and sack. Given under my hand 16th day of Sept 1859 Perlina Gipson X Her mark Test William Price X His mark Isaac Flatt X His mark Peter G. Cox Order of an Appeal The court ordered the foregoing articles to be spread upon the minutes of the court, the same having been duly proven by Peter G. Cox, one of the subscribing witnesses to the same and therefore William G. Cox came into court and Exafts? to the action of the court binding said James Gipson to John Cummins at this term of the court and prays an appeal from this action, in that behalf which appeal is granted to him he have given bond and security as required by law. Appeal Bond Know all men by these presents that we William G. Cox and Jefferson Roberts are held and firmly bound unto John Cummins in the sum of two hundred and fifty dollars null and truly to be made we bind ourselves, our heirs executors and Administrators jointly and --- dry firmly by these presents this 4th day of October 1859. The conditions of the above obligation is such that said William G. Cox prayed and obtained an appeal from a judgement court of Jackson County made on the 3rd day of this Term of said court. Now if said William G. Cox shall prosecute his suit with effect then this obligation to be void, but in case he failed shall well and truly pay all such cost and damages as may be awarded in wrongfully taken up this suit. W. G. Cox J. Roberts State of Tennessee Jackson Co. Be it remembered that at a county court began and held in the court house in the town of Gainesboro in the county and state aforesaid on the first Monday it being the 2nd day of July in the year of our Lord one thousand eight hundred and sixty and of the Independence of the United States the 84th Court met pursuant the worshipful W. W. McCue , Absolum Pharis, Lewis Hix, Albert Green, James Campbell, Sam S. Gray, Asa Johnson, Loburn Loftes, John K. Fox, John A. Mathanay, Alex Clark, John Brown, R.B. Smith, J. G. Vanzant, J. C. Gist, Robert Montgomery, Jessee Gap, Pinckney McCarver, James McClearin, John Cummins, Frank Fouler, S. N Plumlie, T. J. Rose, A. K. Tinsley, James W. Drasser Esqrs Justices John Cummins come into open court and offered to give bond required and offered to give bond required of him by the circuit court upon the boy James Gipson being delivered to him, but because said Cummins is enjoined by bill in chancery court and said motion to continued over until the next term of chancery court. Bill of Cost Clerk Cox 1 order .25 Transfer of Records 1.80 Certificate .25 ---- $2.30 State of Tennessee Jackson County I William G. Cox clerk of Jackson County Court do hereby certify that the foregoing is a true and perfect transcript of the record from the county court of said county which is on record in my office witness my hand at office this the 7th of August 1860. W. G. Cox - clerk Gipson vs Cummings Copy recorded Filed 13th August, 1860 Wm Botts ******************************************************************** Peter G. Cox --- years of age Sworn PRIVATE By defendant QuestionYou will state whether or not you are acquainted with character of complainant for chastity if so, say what it is, good or bad. Answer I am, it is not good but way bad QuestionYou will state whether or not the complainant bred in a house of ill fame about the time that the county court bond or apprenticed the boy James to defendant, if so say whose house it was and how long she had lived there previous to that time. AnswerI don't know the character of the house that she bred in at that time. QuestionYou will state whether you are acquainted with the character of the house that she lived in a short time previous to said bonding-if so, say what it was. Answer My understanding was that she kept a whore house. Question You will state whether or not Complainant was ever married, state also if you know how many children she has and whether white or black. Answer My information is that she never was (married) - She has some three of 4 said to be hers- Some of them tolerable black some not quit so black. Question You will state whether or not was currently reported and believed that the Complainant has clandestinely destroyed some one or two of her children (this question was objected to) Answer I have heard some such talk. I don't how far it was believed. Peter G. Cox Pauline vs John Cummings Chancery Court at Gainesboro Proof taken on behalf of defendant in this case before the clerk and master of the Chancery Court at Gainesboro on the 7th Aug. 1860 at his office. B. B. Washburn about 42 years of age sworn 1st by defendant Question You will state whether or not you are acquainted with the moral character of the Complainant Pauline Gipson, if so you will state whether good or bad. Answer I suppose I am to some extent acquainted with the moral character of Pauline Gipson-It is not good. Question You will state whether or not the Complainant did or not live in a house of ill fame at the time that the County Court appointed the child named in her bill to defendant John Cummins. Answer I don't know whether she did or not. Question Say whether or not that was so from general report. Answer That was the reputation of her house. Question You will state whether you are acquainted with the moral character of defendant, if so say what it is. Answer I am acquainted with the character of defendant Cummins-it is good. He is regarded by his neighbors as an honest upright man upon his whole character. I here adopt what I stated in a former deposition by me. Question You will state all that you know of the character of defendant Cummins-whether or not his house would be a good house for said bound boy James. Answer I think it would. Question You will state whether or not you know of the terms of the contract that Complainant alleges to be in writing can senney? binding the boy James by Complainant to William G. Cox, if so state what. Answer The contract about the boy James between Complainant and W. G. Cox is in writing and on file with some of the proof in this cause and will speak for itself, as to the terms of the contract, Complainant's daughter was in the jail of Jackson County on a charge of infanticide, and in consideration that W. G. Cox would bail her or have it done and supply Counsel to defend her, she agreed as I would remember to apprentice or bond the boy James to W. G. Cox. He did bail her daughter or have it done and employed --- and W. Denton and J. P. Murry as I understood to defend her. It was also stipulated between her and Cox that he was to provide for the comfort and moral training of the boy James and was to have him until he was twenty one years old. Question Say how much as what was the amount of fee that W. G. Cox paid for W. Denton and Mr. Murry paid for the defence of the forenamed Polly Ann charged as aforesaid and also state whether or not said Polly Ann ever tried upon said charge, if not state what was done in her defence. Answer I stipulated with Peter G. Cox who said he was employing me for W. G. Cox for myself and Denton, who are partners, to defend the girl for twenty five dollars. I don't know what money charged or what Cox agreed to pay him. I investigated the case. There was no true Bill formed by the jury against the girl Polly Ann and she was discharged. I have not collected but expect to collect my fee in the case. Question You will state whether or not you know anything of Polly Ann Gipson binding herself to serve either William G of Peter G. Cox, if so, state all that you may know about it. Answer I don't know any thing about Polly Ann being in the service of either W. G. Cox or Peter G. Cox. I never saw her with them or either of them. I saw once a writing purporting to be signed by Polly Ann Gipson (I don't know if it was signed by her) by which it was stipulated that she should live with and serve Peter G. Cox for the time of twelve years, the consideration to be paid her for her services. I do not remember but think it was to be a money consideration, the amount however I can't state. Question You state in answer to one of the questions that has been proposed to you that the Complainant's moral character is not good. You will please state upon what it is bad. Answer She has the reputation of being an unchaste woman. Question You will state whether as Complainant is or not of mixed blood, if so, of what race judging from appearances. Answer She is not of white race and she has the appearance of mixed blood of African and white race appears to be mingled in her. As to character of W. G. Cox, I adopt what I stated in my deposition heretofore taken in this case. (blank area) Question You will state whether or not William G. Cox or Peter G. Cox employed you to file the Bill in this cause for the Complainant against the defendant, if so state what fee they are to pay you. Answer Neither Peter G. Cox nor William G. Cox employed me in this case (of Pauline Gipson vs John Cummins). Some short time after the action of the Circuit Court as stated in the Bill in this cause, Pauline Gipson came to my office and engaged me to file this Bill and before I did it (and I was rather slow about it), Peter G. Cox came to my office and told me that Pauline wished to know whether I file the Bill for her or not. I informed him that I had not, that she had not paid my fee or secured it. He then said if she did not pay my fee he would pay it or see it paid. The amount was never stipulated. I was left to charge what I think a reasonable fee. I regard Peter G. Cox from what passed between him and me as the security of Pauline Gipson for whatever I charge her if reasonable. I have his word that he will pay it in the event she fails to pay it. B. B. Washburn