McMullen Co. TX - Indian Depredation Claim of William W. Talbert - 1791 ==================================================================== USGENWEB ARCHIVES 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: Melody Askins Maskins@flash.net ==================================================================== Court of Claims of the United States Indian Depredation, No. 1791 William W. Talbert v. the United States et al. Evidence for Claimant Deposition of Samuel Bruce, for claimant, taken at Pleasanton, Tex., on the 23d day of June, A.D. 1905. Claimants counsel, John W. Clark, Esq.; defendants counsel S.H. Spooner, Esq. BY THE COMMISSIONER: Question. State your name, age, residence, and occupation; whether or not you hare related to claimant, and whether or not you have any interest in this claim. Answer. Samuel Bruce; age 72, Gallinas, Atascosa County, Tex.; farmer; not related to claimant; no interest in claim. Direction examination by Mr. CLARK: Question. Where did you reside in 1869 and 1870? Answer. In McMullen County. Question. Were you acquainted with William W. Talbert at that time? Answer. I was Question: How far did you live from him? Answer. About 15 miles. Question. Was Mr. Talbert a poor man at that time or a man of means? Answer. I suppose he would be considered a man of means. Question. What was his occupation? Answer. He raised horses, cattle, and sheep. Question. Was he a large or small horse raiser? Answer. I would say he was a large horse raiser. Question. What class of horses did he raise? Answer. He raised good stock American stock mostly. Question. What kind of stallions did he have? Answer. I could not say about the stallions, what stock they was. Question. Do you remember of seeing his stallion? Answer. Yes; I saw some of his stallions; some of his own raising. Question. Did you see any of those that he had bought? Answer. I dont remember of seeing but one that he sent off and bought. Question. What sized horse was that? Answer. My recollection is about a 16-hand horse. Question. Do you know whether or not Mr. Talbert suffered any losses by Indian depredations, and, if yes, when did he suffer a loss? Answer. I could not say of my own knowledge that I knew. I never saw any of his stock taken. Question. Was he reported to have lost any stock, and if yes, state when he was reported to have lost stock? Mr. SPOONER. Objected to by counsel for defendants as hearsay and improper. Answer. To the best of my recollection it was in 1870 or 1871, I could not be positive about the years. Question. What time in the year? Answer. It was about August or September. Question. By whom was this depredation committed? Objected to by counsel for defendants because the witness has testified that he has no knowledge except from reports of the plaintiffs loss.. Answer. It was supposed to be the Comanche Indians. Question. Tell all you know that leads you to say that the Comanche Indians were in the country at this time. Objected to by counsel for defendants as leading. Witness has not testified that the Comanche Indians or any other Indians were in the country at that time; only says that it was reported that Indians committed the depredation. Answer. If I remember right I saw them. As I saw them they run onto me with some wagons and teams.. Question. Tell all about this? Answer. They were shooting at me. They shot one shot through my shirt sleeve. We were loaded with wool going to Corpus Christi when all the Indians run onto us. We had mule teams. They had taken all the teams except two. Question. How close were you to these Indians? Answer. I was about 50 yards, as near as I could guess. Question. Were you close enough so you could distinguish them? Answer. If I had been acquainted with the Indian tribes I supposed I was. Question. What I mean were you close enough to them so that you could distinguish that they were Indians? Answer. I could not be mistaken that it was Indians. Question. Where was this, relative to where Mr. Talbert kept his horses? Answer. It was right in his horse range. Question. I believe you said you did not know how many he lost or whether he lost horses? Answer. Yes; I did not see any horses. Question. Then all you know, as I understand you, about Mr. Talbert having lost horses at this time is that he was reported to have lost horses? Answer. It was reported that he lost. Question. Did you know his horses well enough to miss any of them? Answer. No, I did not. Question. Were you over his range after this loss occurred? Answer. Not in that part of the range. Question. Was Mr. Talbert a large or small landowner? Answer. He was a tolerably large landowner. Question. As compared with other horse raisers around there was he a large or small horse raiser? Answer. He was the largest horse raiser in that county at that time. Question. Was Mr. Talbert reported to have suffered other losses by Indians? Mr. SPOONER. Objected to as hearsay. Answer. I dont remember of any. Question. Were there other raids down into the country? Answer. Not right in that immediate range that I remember. Cross-examination by Mr. SPOONER: Question. You have no idea of how many horses the plaintiff had in 1869 and 1870? Answer. No, sir; I could not give any number. Question. You were not over his horse range very often, were you? Answer. No, sir; our horses did not run in the same range. Question. You dont know, do you, Mr. Bruce, that you were on the plaintiffs range at all in 1869 and 1870? Question objected to because witness has already stated as to this matter. Answer. I dont remember exactly about that. Question. Are you certain that the attack on you by Indians was in 1869 or 1870? Might it not have been some other year? Answer. My recollection is that it was in 1870 or 1871. I could not be positive about that. Question. And what is your best recollection now as to the month in which this occurred? Answer. If I remember, it was in September August or September. Question. What would be your best recollection as to which of those months that it was? Answer. I could not be positive as to either one of the months; it was along about that time. Question. Where were you with reference to the plaintiffs horse range when you were shot at by the Indians, as you have testified? Answer. I was in McMullen County. I was right in a portion of his range. Question. How near to where the bulk of his horses ranged? Answer. They ranged there as much as any portion of the county; there was no fencing to stop them. Question. What was the extent of Talberts horse range? Answer. They go anywhere in the county they wanted to. There was no fencing to stop them. Question. Where was his headquarters ranch? Answer. It was in McMullen County. Question. Where with reference to where you were shot at? Answer. It was about 15 miles northwest from where I was shot at. Question. From what direction did the Indians come that attacked you? Answer. They were coming a southeast direction. I could only say as far as I saw them. Question. They came from the northwest direction if they were going southeast? Answer. I did not say they were coming a northwest direction, did I? I only saw them when they came in sight of me, and I did not follow the trail. Question. How long did you see them before they shot at you? Answer. When they first came in sight they were about a half a mile. Question. And as they approached you they went in a southeast direction, did they? Answer. They did not go any farther in that direction after they got the wagons in their possession. Question. What direction did they go after they got the wagons? Answer. The same direction they came from. Question. Who was this other man that was with you? Answer. A man by the name of Christopher Noelan. He lived at San Patricio, just above Corpus Christi, when I last heard of him. Question. Were there any other persons with you besides this man, that is now living? Answer. Just us three; one is dead. Question. These Indians had nothing when they attacked you, did they? Answer. There was no stock in sight except what they were riding. Question. Might you not be mistaken as to when it was reported the plaintiff lost horses? Might it not have been at some other time than the time that you were shot at by the Indians? Answer. I could not say, as I did not see no stock. I dont know about that, but the report was that Talberts stock were on the trail dead as they came down. Question. Can you give the name of anyone who said that they saw Talberts stock dead on the trail? If you can, please do, and their present post-office addresses, if they are living. Answer. I dont believe there is one of the men living that I remember of. Question. Who were they that you heard say this? Answer. If I remember right, I heard old man Jim Lowe talk about it. He is dead. I dont remember any others that I could recall. Question. Whose teams were these that you had when you were attacked? Answer. One of them was mine and the other was Nolans. Question. Did you lose yours in that attack? Answer. Yes, sir. Question. Have you put a claim pending for it? Answer. I think I put in a claim. Question. Isnt it a fact that James Lowe was at that time the largest stock owner in McMullen County? Answer. He was, in cow stock. Question. Was he not also in horse stock? Answer. I dont remember of Lowe having any stock except cattle stock; he might have had a few. Question. You testified, did you not, that Lowe had saddle horses? Answer. It seems to me that I did. Note: The two spellings of Nolan/Noelan are as they appear in the printed record.