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. Deposition of Moses Sanders Pearce, for claimant, taken at Beeville, Tex., on the 11th day of July, 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 are related to claimant and whether or not you have any interest in this claim? Answer. Moses Sanders Pearce; 62 years old; Cuero, DeWitt County, Tex.,; farmer. I am not related to claimant and have no interest in claim. Direction examination by Mr. CLARK: Question. Were you acquainted with William W. Talbert in 1868 and 1869? Answer. Yes, sir. Question. What was his occupation? Answer. He was a stock raiser. Question. Was he a large or small raiser of stock, horses, and cattle? Answer. He was a large raiser. Question. How far was his rance from where you lived in 1868 and 1869? Answer. It was about 15 miles. Question. Up or down the river? Answer. Up the river; north. Question. Do you know of his suffering any losses by Indian depredations; and if so, state when his loss occurred? Answer. In 1869 or 1870, as we followed the trail we went out by William Talberts ranch, and in passing the ranch the horses would come in on both sides of the trail. Question. Was this the time you went to the camp after Miller had been run by the Indians, or was it the time you testified that Stringfield was killed that you followed the trail? Mr. SPOONER. Objected to as leading. Answer. It was the time that Miller came in. Question. Then that was the time you suffered your first loss, was it not? Answer. That was the time; the first loss. Question. What year was that? Answer. That was in 1868. Question. Then, did this loss occur in 1868 or did it occur in 1869 or 1870? Answer. This loss occurred in 1868. Question. I will ask you to relate again concerning any Indian depredation that you know of which was suffered at this time by Mr. Talbert? Mr. SPOONER. Objected to because the witness has already, as the question itself indicates, testified about this loss, and he is asked to repeat what he has already testified to. Answer. At that time we went by the Talbert ranch, and in passing through the heart of the range the Talbert horse range there was horse trails come in on both sides, and we traveled through that range for at least 10 miles, and on the range of Mr. Talbert he come to the party our party and went on with us and said that they had taken a good many of his horses. Counsel for defendants moves to strike out from the last answer of witness what Talbert told him because it is hearsay. Counsel for claimant submits what Mr. Talbert told witness at that time as res gestae. Question. Where did you take this trail? Answer. I took it up at the Alligator Lake. Question. Was this the trail that you testified to in your loss, No. 9576, when you stated that Mr. Salmon and Mr. Miller were chased by the Indians, and in which you and Mr. Wm. Franklin rode from Tilden to the camp at Alligator Lake to where the cow men were camped, or is it some other trail? Answer. That is the one. Question. As I understood you in your former evidence in your claim No. 9577, in which raid you stated Stringfield was killed, you did not follow the trail at that time but a short distance, some 1,000 yards. Is that true or not? Answer. Yes, sir. (It is hereby stipulated between counsel that the evidence of this witness given in his claim No. 9576, so far as applicable in this case, may be used and read as evidence herein, subject to any objections that may hereafter be made.) Question. You stated in your evidence in No. 9576 that there were several horses killed on the trail, one shot through the neck with an arrow, the arrow still sticking there. Were any of these horses horses of Mr. Talberts? Answer. None of them. Question. You have stated that you saw where the horses came into the trail you were following from the heart of Mr. Talberts range. From what you saw as to horses coming in, how many horses would you say that Mr. Talbert lost at that time? Answer. I would say that there was between 60 and 100 head. Question. Do you remember how many Mr. Talbert claimed to have lost while he was on the trail? Mr. SPOONER. Objected to as hearsay. Answer. Didnt claim to know how many he lost. He hadnt had time to hunt for his horses. Counsel for defendants moves to strike out from the last answer of witness "He hadnt had time to hunt for his horses," because it is not responsive to the question. Question. Now, what class of horses were those that Mr. Talbert had? Answer. They were saddle horses mostly. Question. Was Mr. Talbert raising horses there at that time? Answer. He was. Question. Do you know about how many stock horses he had there at that time? Answer. No, I did not. Question. Did he have more mares and colts or more saddle horses? Mr. SPOONER. Objected to as improper. Answer. There was more mares and colts. Question. Now, what quality of horse stock was he raising there on the range? Answer. He was raising good horses. Question. How were they compared with other horses raised in that country? Mr. SPOONER. Objected to as improper. Answer. They was a better class of horses. Question. Were you acquainted with the market value of such mares and colts that Mr. Talbert had there at that time? Answer. Yes, sir. Question. Taking his mares and colts through, what would you say they were worth per head on an average? Answer. from $35 to $50. Question. What would you say that saddle horses such as he raised there were worth in cash at that time and place? Answer. His class of horses were a better class and he would put them from $80 to $100 a piece. Question. What class of stallions did Mr. Talbert keep? Answer. I do not know; I never saw them his stallions. Mr. SPOONER. Objected to as leading. Question. Do you know where Mr. Talbert was born? Answer. No, sir; I do not. Question. Relate any accident that you now remember which makes you know that Mr. Talbert was on this trail. Mr. Spooner. Objected to because there has been no testimony that any accident occurred on this trail. Answer. Farther up on the trail as we went on, we stopped at noon, and as we went on Mr. Talbert left his gun leaning up against a tree, and we traveled on some distance before he thought of his gun. He came back and got his gun. Cross-examination by Mr. SPOONER: Question. You said that you thought between 60 and 100 head came in on these trails on the Talbert range. How many trails were there coming in there? Answer. There were several come in. Question. How many. Answer. There was four or five different trails come in. Question. How many would you say come over each separate trail? Answer. I could not say. Question. It is simply a rough estimate as to the number that came in on the trail, is it not? Answer. Well, I imagine from the size of the trail afterward. Question. Now, did you get down and examine the hoof prints on these trails to see which had been made by Talberts horses and which had been made by other horses? Answer. No, I didnt. Question. Nor neither did you count the hoof prints? Answer. No, sir. Question. It wouldnt have been a very safe proposit8ion, would it, to have bought stock estimated by the hoof prints that you saw on the trail? Answer. No, sir. Question. You testified that the mares and colts of the plaintiffs were worth on an average from $35 to $50. Did you mean that the colts were worth from $35 to $50, or did you mean that the mares were worth from $35 to $50 on an average? Answer. I mean that the colts were worth from $35 to $50 each. Question. But you testified that the mares and colts were worth from $35 to $50. What did you mean by that? Answer. The colts were worth as much as the mares; they were both worth the same; the colts were blooded stock. Question. You dont know how many colts and mares the plaintiff had there at that time, do you? Answer. I didnt know how many he owned. Question. How do you know his colts were blooded, as you never saw his stallions? Answer. From the size and quality of the animals. Question. You dont know what breed they were of your own knowledge? Answer. No, sir. Question. How do you fix the vales of these saddle horses of the plaintiffs, as well as the mares and colts? Answer. By the size of the horses. Question. And the size of these horses and colts is the basis of your value, is it not? Answer. Yes, sir. Question. You have testified in four other cases in the last two days 0 two or your own and two of your fathers? Answer. Yes, sir. Question. And the losses in two of those cases one of your own and one of your fathers occurred at the same time and place as the loss in this case you have been testifying about occurred, did it not? Answer. Yes, sir. Question. You were well acquainted with Talbert, were you? Answer. Oh, yes. Question. what kind of a man was he? Answer. I could hardly describe him. He was a close, stingy man and lived to himself. He had never, so far as appearances indicated, shaved or cut his hair. He was an honest man.