Flipside

Tuesday, October 17, 2023

Philip William Harner Will

DEATH RECORD & WILL OF

PHILIP WILLIAM HARNER

Copied from LDS

Batch: F610364, Sheet: 59, Disk Number: 06647, Page 2176-2177

Death Record from Monongalia County, West Virginia

Harner, Philip W., white male, no death date, died Morgan District of Paralysis, age 76 years. Son, William J. Harner, informant.

Will of Philip W. Harner, Monongalia County, West Virginia, page 295

Philip W. Harner, being of sound mind and disposing memory do make this my last will thereby revoking any and all wills by me at any time heretofore make.

1^st it is my will that as soon after my death as it may be practicable that my executors hereinafter named do pay all my just debts, funeral expenses and charges of administration and residue of my estate I devise shall be distributed as follows.

2^nd should my beloved wife survive me I devise that the interest of my estate with proceeds of my real estate I may have at my decease, which I wish sold be paid to my wife during her natural life, and at her death that my executors pay to Matilda J. Addison the sum of five hundred dollars, to Susan Fleming the sum of Eight hundred dollars, to Sarah J. Pool the sum of five hundred dollars, to Elizabeth Jackson the sum of five hundred dollars and to my granddaughter Sarah A. Pool the sum of fifty dollars and the residue of my estate, I desire to be equally divided between my nine children to wit: Joseph L. Harner, Matilda J. Addison, George W. Harner, Susan Fleming, Philip F. Harner, Sarah J. Pool, William F. Harner, Henry J. Harner and Elizabeth Jackson.

3^rd I desire that my executors sell at public or private sale any real estate I may own at the time of my decease and distribute it (that is the net proceeds of such sale) in the same manner as the personal estate.

4^th I have heretofore given to my five sons to wit Joseph L. Harner, George W. Harner, Philip F. Harner, William T. Harner and Henry J. Harner the sum of one thousand dollars each in the sale and conveyance of the tracts of land they respectively own and they are each here charged with the said sum of one thousand dollars, and they are not to receive anything further from my estate until the several legacies herein set forth shall have been paid to my daughters and granddaughter as aforesaid and then the residue is to be equally divided between all my children after the death of my wife.

And lastly I do hereby constitute and appoint my two sons Joseph L. Harner, and William T. Harner my executors with full power to sell my real estate I may die seized of and convey and real estate I may have sold and not conveyed in my lifetime.

August 26, 1883

P. W. Harner (seal)

Sarah Fearer Harner Will

Sarah Harner's Will
Monongalia County, West Virginia Will Book
page 191
May 9, 1895

WILL OF

SARAH FEARER HARNER

Copied from LDS

Batch: F610364, Sheet: 59, Disk Number: 06647, Page 2178-1279

Will of Sarah Harner, Monongalia County, West Virginia Will Records, page 191

I Sarah Harner, of Morgan District, in Monongalia County, West Virginia do make and publish this my last will and testament as follows.

1^st I will to my son Joseph Harner the bureau which is in the parlor.

2^nd I will to my son George Harner, one bed, bed stead and bedding.

3^rd I will to my daughter Susan Fleming the bed I am now on including bed stead and bedding that stand now in this room and all my wearing apparel.

4^th I will to my son William Harner the bureau or secretary in the room I am now in and a set of chairs.

5^th I will to my son P. Fairchild Harner a bed and bed stead and bedding which is upstairs and one cow.

6^th I will to my son James Harner the large table now in the room I now occupy and the set of green chairs.

7^th All other personal property owned by me I will to my five sons Joseph, George, William, P. Fairchild and James and my daughter Susan, to be divided by them equally.

8^th As to what money notes or bonds etc. I have, I desire that first my just debts and funeral expenses shall be paid therefrom and then I will that there shall be paid to my daughters Matilda Addison, Sarah Pool and Elizabeth Jackson each the sum of five dollars, and then the residue thereof shall be divided equally between my five sons Joseph, George, William, Fairchild and James and my daughter Susan Fleming.

Witness my signature and seal this 9^th day of May 1895

Sarah (her X mark) Harner (seal)

Witnesses

Joseph Moreland

J. U. Beall

W. O. Murphy

Sunday, October 8, 2023

Joseph Davidson Hill and Sarah Houston Hill--Morgantown, West Virginia

My paternal great great great grandparents union was a marriage of two of Monongalia County, (West) Virginia pioneer family's--The Houston Family and the Hill Family.

Joseph Davidson Hill, the son of Robert Hill and Rebecca Caldwell Hill was born on September 4, 1793 in Monongalia County, (West) Virginia.

Sarah Houston, daughter of Purnell Houston and Mary Tomlinson Houston was born on January 28, 1791 in Delaware. There has been a question as to Mary's maiden name. There is a will of Cary Tomlinson dated November 18, 1790 in Delaware willing half of his estate to Mary Houston, wife of Purnell Houston. There are documents listing Carey as her maiden name and others listing Tomlinson.

As I mentioned both families were early settlers in Monongalia County, specifically in the Morgantown area. Robert Hill had 400 acres north of the town given to him for his service in the American Revolution. If the birth records for Robert and Rebecca's children are accurate, they were living in Monongalia County by 1784-1785.

Although Purnell also served in the Revolution, he did not receive any land for his service. He was a saddler by trade. Mary Tomlinson Houston, wife of Purnell, was bequeathed money from her brother's will dated 1795 and rather than a monthly sum, the Houston's decided to take a lump sum for land in Monongalia County. The Houston's were living in Monongalia County by 1786.

Joseph and Sarah grew up in a wilderness that was slowly being cleared. Log cabins were built, land was cleared for farms, dirt roads connected farms to the growing town of Morgantown, churches were built. Joseph lived on his father's farm of 400 acres. He and his brothers would have been involved with farming and raising animals. Sarah's father was a saddler. There was probably a garden to supply vegetables and perhaps a few farm animals.

At age nineteen, Joseph mustered in as a private, Captain Samuel G Wilson's Company, Virginia Militia serving in the War of 1812. He served eight months mustering out on April 5, 1913. The record shows he received two 80 acre parcels of land for his service. He petitioned for the first parcel on February 17, 1851 and the second on March 18, 1855. The petitions were granted.

On September 22, 1814, Twenty-one year old Joseph Davidson Hill married twenty-three year old Sarah Houston in Monongalia County, (West) Virginia. The Reverend Joseph A. Shackelford performed the ceremony.

The newly weds probably set up their new life on a piece of Robert Hill's (Joseph's father) land. A log cabin was built, land was cleared and Joseph began to farm. Reference was made to the log cabin house on Stewart Street in my paternal great grandmother's obituary.

On June 20, 1816, Joseph D. Hill was in a dispute with James Tibbs over the exchange of horses. Joseph did call his father, Robert Hill and brother, john Hill to court in his defense. He lost this dispute in court in the May 1817 Term and had to pay Tibbs $80.00. Zinn, Melba Pender. Monongalia County, (West) Virginia, Records of the District, Superior, and County Courts, Volume 10: 1815-1819,Heritage Books, 2000, page 103.

In August 1816 Joseph D. Hill purchased three acres from John and Elizabeth Cooper. Zinn, Melba Pender. Monongalia County, (West) Virginia, Records of the District, Superior, and County Courts, Volume 10: 1815-1819,Heritage Books, 2000, page 75.

1820 Virginia Census
Eastern Division, Monongalia County
August 7, 1820

Joseph Hill

2 males to age 10 Purnell Hill and George Washington Hill

1 male 26-45 Joseph Davidson Hill

1 female to age 10 Elizabeth Hill

1 female 16-26

1 female 26 to 45 Sarah Houston Hill

1 person engaged in agriculture

1830 Virginia Census
Eastern District, Monongalia County

Joseph D. Hill

1 male under age 5 Joseph Liston Hill

1 male age 5 to 10 Alexander Carey Hill

2 males age 10-15 Purnell Hill and George Washington Hill

1 male age 30-40 Joseph Davidson Hill

1 female age 5-10 Sophia Hill

1 female age 10-15 Elizabeth Hill

1 female age 30-40 Sarah Houston Hill

1 slave age 36-54

In early 1830, Purnell Houston, father of Sarah Houston Hill moved into the Hill home. According to a court document dated January 6, 1846, Joseph Davidson Hill described his father-in-law's condition before his death.

"Houston was much disturbed, being then old, infirm and afflicted with the palsy,"

"that he had been for several years before almost helpless, without any estate real or personal, and at the time of his death, his property was insufficient to defray the expenses of his burial; that your petitioner being the son-in-law of said Houston, was induced by his relationship, to take him home, there to live;"

While Purnell Houston was living in Joseph Davidson's home, a district attorney, W. G. Singleton, came to the house to allege that Purnell had not served in the American Revolution a sufficient amount of time to warrant his receiving a pension. Purnell owed $93.25. Not having the funds to repay his debt, he implored his son-in-law, Joseph Davidson Hill, to sign a surety note. The note was signed on November 1, 1834 and payable on May 1, 1835. Purnell Houston died on March 9, 1835 before the note was due. A law suit was initiated against Joseph on September 11, 1838 for payment of the debt. This began a series of court pleas and appearances for the next fourteen years.

While dealing with this legal intrusion into their lives, the Hill's continued to farm and raise their family. It was during this decade that my paternal great great grandmother, Mary Louise Hill, was born in Monongalia County, (West) Virginia on November 21, 1832.

Although the two newspaper accounts confuse me, Mary's obituary mentions that she, "....was born and reared in the home where her death occurred." Mentioned was that the home was on the Stewart Street. My confusion is that the VanGilder home burned to the ground in 1902. From a newspaper article, "This property was owned years ago by the Hill family, among the pioneer settlers of this section. The house was a primitive log structure until ten or twelve yeas ago when Mr. VanGilder had the front part torn away and replaced by modern frame structure."

Regardless, there must have been some old log cabin homes still in existence outside Morgantown in the early 1900's.

On December 19, 1839, the Hill's oldest daughter twenty-one year old Elizbeth Hill married nineteen year old John Davidson Robinson in Monongalia County, (West) Virginia.

1840 Virginia Census
Eastern Monongalia, Monongalia County

Joseph D. Hill

1 male age 10 through 14 Joseph Liston Hill

1 male age 15 through 19 Alexander Carey Hill

1 male age 20 through 29 Purnell Hill or George Washington Hill

1 male age 40 through 49 Joseph Davidson Hill

1 female age 5 through 9 Mary Louise Hill

1 female age 15 through 19 Sophia Hill

1 female age 40 through 49 Sarah Houston Hill

2 persons employed in agriculture

Of interest, Rebecca Hill, Joseph's mother is enumerated directly underneath her son on the 1840 census. She has 1 male age 20 through 29 enumerated on her census report. Perhaps either Purnell Hill or George Washington Hill, grandsons, were living with Grandmother and working her farm.

In 1843 Purnell Hill married Mary Bush. I have not located a marriage certificate to get the actual date and place; however, their first child was born in Virginia.

On September 22, 1845 twenty-one year old Alexander Carey Hill married eighteen year old Mary Lavina Cartwright.

On January 5, 1846 Joseph Davidson Hill petitioned the United States Congress asking to have the surety he signed in 1834 for the $93. 23 debt of Purnell Houston. Joseph outlines why he signed the surety bond and that Purnell died before the note was due. That Joseph has had numerous indictments filed against him and has been in attendance at court; however, the attorney for the United States asked for a continuance. This has all been at a personal cost of more than the original note and has kept him in suspense as to a resolution for over a decade.

During the 1840's decade, the Joseph and Sarah became grandparents to six Robinson grandchildren and four Hill grandchildren.

On February 14, 1850 twenty-three year old Joseph Liston Hill married twenty-four year old Sarah Dorcus Ridgeway in Monongalia County, (West) Virginia.

1850 Virginia Census
The Eastern District # 36
Monongalia County
September 3, 1850

Joseph D. Hill, age 56, male, occupation is farming, value of real estate owned $5000, born in Virginia.

Sarah Hill, age 58, female, born in Delaware, she cannot read or write.

Sophia Hill, age 24, female, born in Virginia.

Mary Hill, age 18, female, born in Virginia

Joseph Caldwell, age 17, male, employed in farming, born in Pennsylvania.

Copied from the War of 1812 Pension File
Joseph Davidson Hill

On October 19, 1850, Joseph D. Hill personally appeared before the Justice of the Peace in Monongalia County to make a declaration to obtain the land warranty due him from his service in the War of 1812. The Act of Congress granted by the United States was passed on September 28, 1850. Joseph did not let any grass grow under his feet in applying for this land warranty.

There is no date on this document. I'm ballparking it late 1840's to 1850 0r 1851. It is from District Attorney George E. Lee to the Honorable Solicitor of the Treasury and regards the court discontinuing the suit against Joseph D. Hill. He goes into detail regarding Purnell Houston's living situation before he died. He questions the actions of former district attorney Singleton who was the original actor in 1834 who told Purnell Houston that he owed pension money back and was present when the surety bond was signed.

On July 13, 1853, twenty year old Mary Louise Hill married twenty-four year old John Oliphant VanGilder. The wedding was performed by Reverend Benjamin Ison in Monongalia County, (West) Virginia. (my paternal great grandparents)

Copied from the War of 1812 Pension File
Joseph Davidson Hill
Volume 45 Page 158

Land warrant 435 for 80 acres was issued to Joseph D. Hill on February 17, 1851. There is some confusing pencil notations on the paper mentioning Deckers Creek and on Jan 11, 1851 12.33 A. The acreage on 435 is listed on his pension record.

Joseph's persistence finally paid off. On Saturday, April 3, 1852 in the District Court of the United States, the law suit regarding the debt of Purnell Houston against Joseph D. Hill was dismissed. Fourteen years of legal wrangling, numerous times in court with no conclusion, numerous witnesses and letters generated and expenses incurred, to finally have the court dismiss the suit.

Petition for additional land
for service in the War of 1812

A second Act of Congress was passed on March 3, 1855 regarding land warrants for military service. Once again, Joseph did not let any grass grow under his feet. On March 7, 1855 he appeared before the Justice of the Peace in Monongalia County, (West) Virginia to apply for any additional bounty land that might be due him for his service in the War of 1812. The petition does list the eighty acres he received from his original petition in 1850. It appears that Joseph sold and transferred that eighty acres.

Signature signed on the above petition

On April 25, 1855, Joseph Davidson Hill received 80 acres from his March 7, 1855 petition. It is listed as Warrant #54.

On August 28, 1859, Joseph Davidson Hill died at age sixty-six in the Eastern District of Monongalia County, (West) Virginia. Cause of death is listed as apoplexy. Today that would translate to a stroke. His parents are listed as Robert and R Hill and his birth as in Monongalia County. His occupation, farmer and his wife, Sarah Hill.

My photograph of the burial marker

DIED
August 29 1859
Aged 65 yrs
11? mos 23 ds

Joseph Davidson Hill is buried in Pleasant Hill Cemetery, Morgantown, Monongalia County, West Virginia. He has two different listings on Find A Grave. Back in 1928 the graves of those buried in the Old Hill Family Cemetery, located on the property of Robert Hill were removed to other cemeteries. It was assumed that Joseph Davidson Hill and Sarah Houston Hill were also placed there since both of their parents were reinterred there. Not so. Joseph Davidson Hill and Sarah Houston Hill are buried in Pleasant Hill Cemetery. Whether they were originally buried there or reinterred in 1928 is unknown.

I made a second trip to that cemetery looking for Joseph's marker. There it was beside hers. His name was weathered off; however, that date of death and his age was not. Joseph and Sarah's married daughter Elizabeth Hill Robinson and many of her family members are buried in Pleasant Hill Cemetery.

Monongalia County Will Book
Volume 2
1856-1872

Joseph Davidson Hill signed his Last Will and Testament on August 3, 1859, several weeks before his death. The will was produced in the Monongalia County Court in the September Term 1859. In the October Term 1859, my paternal great great grandfather and one of the executors, John Oliphant VanGilder was given a grant to obtain letters of testamentary on the will. At that time he took the oath prescribed by law and entered into a bond with a penalty of one thousand dollars conditioned as the bond directs.

The Will a somewhat abbreviated version.

The two executors were Joseph Liston Hill, son and John Oliphant VanGilder, son-in-law.

1. That all debts, funeral expenses and administrative expenses of my estate be paid.

2. Following the payment of all debts that my estate be divided as follows. One third of the estate to my wife, Sarah Hill and the remainder to be divided among my sons and daughters.

3. Executors were to sell whatever pieces of real estate necessary to pay off debts after first selling off personal estate. The executors were to use their best will and judgement in these matters and if any sales of his lands were made that the executors would deliver all deeds to those who purchased them.

Thirteen grandchildren were born in the 1850 decade. Eight to Hill Families, two to the Robinson Family and three to the VanGilder Family.

1860 Virginia Census
District 3, Monongalia County
Stewartstown Post Office
September 17, 1860

Sarah Hill, age 69, female, value of real estate $3,000, value of personal estate $50, born in Delaware.

Sophia Hill, age 39, female, born in Virginia.

Margaret Robinson, age 14, female, born in Virginia, attended school within the year.

Margaret Robinson is Sarah's grand daughter, daughter of Elizabeth Hill Robinson.

During the 1860 decade 17 grandchildren were added to the Hill Family tree. Ten in the Hill line, two in the Robinson line and five in the VanGilder line.

1870 West Virginia Census
Morgan Township, Monongalia County
Morgantown Post Office
June 27, 1870

Sarah Hill, age 79, female, white, keeping house, value of real estate $1250, value of personal estate $175, born in Delaware.

Sophia Hill, age 49, female, white, at home, born in West Virginia.

Petition for Pension
filed by Sarah Houston Hill

Under the Act 1871 passed by the United States Congress on February 14, 1871, widows could apply for half her husband's pay for seven years after his death. Sarah began her petition on March 17, 1871.

SARAH
Wife of
Joseph D Hill
Died
March 18 1872
Age 81 yrs -----
--------

Sarah Houston Hill died on March 18, 1872 at age eighty one. I have not, to date, found her death record. It is assumed that she died in Monongalia County, West Virginia. She did have family in Missouri. I have checked for a death record there and came up empty handed.

Sarah is buried beside her husband, Joseph Davidson Hill in Pleasant Hill Cemetery, Morgantown, Monongalia County, West Virginia.

I have a copy of Sarah's will. The copy is illegible. Her will was written, signed and witnessed on July 19, 1867. It was filed on August 3, 1872. The entire estate, after bill were paid, went to her daughter, Sophia Hill. Since the will was written in 1867, I would guess Sarah had become incapacitated and her death seemed imminent. One of the witnesses was her brother, Robert Houston.

During the decade of 1870 three VanGilder grandchildren were born, two after Sarah's death. If my numbers are correct, forty-three grandchildren were added to the Hill Family tree.

The Children of Joseph Davidson Hill and Sarah Houston Hill:

Purnell Hill 1815-1893
George Washington Hill 1817- ?
Elizabeth Hill 1818-1892
Sophia Hill 1821-1900
Alexander Carey Hill 1823-1895
Joseph Liston Hill 1826-1896
Mary Louise Hill 1832-1908 (my paternal great great grandmother)

Additional Information from the notes and letters of Carrie Belle Hackney

Carrie was a descendent of Purnell and Mary Tomlinson Houston. She was born in 1863 and lived in Morgantown. She would have been nine when Sarah Houston Hill died. She would have known my paternal great grandparents (John Oliphant and Mary Hill VanGilder) and my paternal grandparents (George Ethelbert and Jessie Pool VanGilder).

In a letter she referred to Sarah Houston Hill as Aunt Sally.

"Sarah (Houston) Hill wove and spun alter linens for the First Presbyterian Church of Morgantown, W.Va. and napkins made of it are still in the family--1935"

"Joseph D. Hill and Sarah (Houston) Hill are buried in Pleasant Hill Cemetery, Monongalia County, W.Va."

"The Robert Hill Records burned, also heirlooms, in the home of Mary Hill VanGilder, but records partly restored by Joseph D. Hill Bible Records."

**************************

I hope I have done justice to this accounting of my paternal great great great grandparents life. Pouring through the legal documents, pension files and numerous emails sent by other researchers has been tedious. I have numerous distant cousins who have also done research on this line and shared. I thank them all.

Thursday, October 5, 2023

Dismissal of Case of Debt Against Joseph D. Hill--April 3, 1852

At the District Court of the United States further Western District of Virginia held at Clarksburg on Saturday the 3d day of April, 1852.

United States Compts.

Joseph D. Hill Deft.

This suit being presented for the some cause of action for which a suit was presented on the Law side of this Court and the District attorney, upon the recommendation of the Court having dismissed the suit at law: and the District attorney being also of the opinion that this suit in ( ) ought not to be prosecuted further by the government and the Court concurring in opinion with the District attorney. It is therefore ordered that this suit be and claim is hereby dismissed.

Letter from District Attorney Regarding Joseph D Hill and Debt of Purnell Houston

COPY OF LETTER FROM THE DISTRICT ATTORNEY REGARDING THE COURT CASE OF SINGLETON VS JOSEPH D. HILL

Singleton for use of

United States

In debt in the district court of the

vs United States at Clarksburg, Va

Joseph D. Hill

The suit was instituted on the 11th of September, 1838. The proce returned executed at 1 December of that year, but the declaration was not filed until January rules 1840. It is an of debt on a sealed instrument alleged to have been executed by one Purnell Houston in his lifetime and the defendant, on the 1st of November 1834, payable to W. G. Singleton then district attorney for the use of the United States on the 1st of May 1835. The obligation on which the action is founded is alleged to have been destroyed by fire. At the April term 1840 the defendant appeared and set aside the office judgment against him by filing a plea of payment and obtained leave to file further please. Subsequently, he filed six special pleas in writing and the cause was continued till the April term 1842, when upon the motion of the district attorney, the 2nd, 3d, 4th & 5th special pleas were rejected by the court and issues were made up upon the 1st and 6th. It is apparent that there is a mistake in the numbering of the pleas, and that it was the 1st and not the 2nd plea that was rejected by the court, because the first pleas as numbered on the record being debet, is to debt or bond, while the 2nd plea is a substantial plea of payment. This is immaterial, however, as doubtless the whole defense rests upon the 6th plea.

The 6th plea is in the nature of a plea of asset under a peculiar statute of Virginia authorizing a defendant in certain cases, to set up by plea in defense of an action on a sealed instrument any matter of fraud, misrepresentation or deception in the manner by which the instrument was procured, and which might be cause of action on his part against the party practicing it for the recovery of damages and authorizes the damages to be recom against the demand of the plaintiff.

It alleges that the said obligation was obtained by fraud and misrepresentation practiced upon the said Parnell Houston by the plaintiff Singleton in alleging to him that he was not entitled to a pension and that unless he would give his bond for the amount he had received as such, he the plaintiff, would prosecute him for false swearing, and thereby obtaining the execution of said obligation by the said Houston as principal and defendant as surety. This plea is sworn to in the usual form. And after the making up of the issue, the cause appears to have been continued from term to term down to the present time on the motion of the district attorney. It does not appear that the cause was ever continued on motion of the defendant excepting once which was at September term 1841. It appears that a similar suit had been instituted on this obligation in 1835 which was continued till sometime in 1836 when the Clerk's office of the court having been burnt and with it the papers in this case, the suit was dismissed and sometime after the present suit was brought. Houston died insolvent in 1835.

The affidavit submitted tend to support the 6th plea and if the same testimony should be submitted to the jury on the trial of the cause and should not be overcome by countervailing testimony on the part of the United States, the result would probably be a verdict for the defendant upon that plea. Whether such counterocisling testimony can be had, I am not advised, except it be furnished by the evidence of Mr. Singleton former district attorney. He has been summoned as a witness in the cause but has not attended and a subpoena has been issued for him to the next term of the court. What his evidence will be, I am not informed, but I am persuaded that in taking the obligation of those parties, or in his statements, he meditated no fraud upon them. He may have been mistaken in his construction of the Act of Congress, and no doubt thought it his duty to require that the amount which had been received by Houston should be refunded. But if so, and if Houston were really entitled to the pension allowed him, the effect of the mistake was upon his rights. It would seem that for a short time before he marched, Houston who was a saddler, was employed by order of his officer in repairing the bridles and saddles of the troops, and the doubt arose whether the time for which he was so employed could be properly rec ed in computing the period of his service. Yet even if it should be properly excluded and if therefore by a strict construction Houston were not entitled to a pension, the time wanting to complete the service being so short. Houston having died utterly insolvent, the defendant being a mere surety upon whom the burden must fall, without meant of indemnity and having already been harassed by a long and fruitless attendance upon the court for the purpose of getting a trial of the cause, and in any event compelled to lose all his costs and expenses, I am inclined to think his application to be released, not unreasonable.

It may be observed that under the circumstances of this case, the feelings of the jury would doubtless be strongly in favor of the defendant and there may naturally be expected a readiness to continue the testimony, in the sense most favorable to the pretensious of the defendant. And after all should the United States succeed in obtaining a verdict there cannot be much doubt that congress would upon a petition to that effect, release the defendant from the judgment and forgive the debt.

I think that it is not improper to add that I have conversed with the deputy marshal of our court, M.N. Goff, a most respectable gentleman and who formerly resided in the county of Monongalia and was acquainted with all these parties, upon the subject of this case. He is strongly of the opinion that the claim should not be prosecuted and confirms me in the views and opinion which I have taken up.

Upon the whole case, I am humbly of the opinion that the interest and dignity of the United States would be duly respected by abandoning this claim and discontinuing the suit now pending for its recovery.

Which is respectfully submitted,

George H. Lee

District Atty.

Hon Solicitor

of the Treasury

This letter is not dated; however, I am ballparking it late 1840's or early 1850's

1846 Text of a Petition from Joseph D. Hill Regarding Debt of Purnell Houston

TEXT OF A PETITION FROM JOSEPH D. HILL TO THE CONGRESS OF THE UNITED STATES REGARDING A DEBT OF PURNELL HOUSTON'S

To the Honorable the Senate and House of Representatives of the United States Congress assembled--

The prayer of your petitioner, Joseph D. Hill, of Monongalia County, Virginia respectfully showeth into your Honorable Body:

That by virtue of the acts of Congress in relation to Revolutionary Soldiers, a certain Pernel Houston of said County obtained a pension for services rendered during the revolutionary war. The declaration, evidence and papers in relation to said pension will be found of record in the Pension Office at Washington City; that said Houston drew his pension for about three years until he had received something upwards of $90; that in the year 1834 Washington G. Singleton, Esq. Attorney for the U. States, came to the home of your petitioner where said Houston then lived, and after conversing with said Houston as to his services in the revolutionary war, stated to him that he was not entitled to a pension, that a portion of the time embraced within his service was not actual service of the United States, but a month or two between the time of his entering the service and his actually rendezvousing, ought not to be counted, and that he, said Singleton, as attorney for the United States, would be under the necessity of prosecuting him for perjury in U.S. Court, unless he, said Houston, would give his note and security for the sum so received as a pensioner; that said Houston, being ignorant of his rights, begged said Singleton to permit him to go to Morgantown to see Thomas P. Ray (who is now deceased) who had attended to procuring said pension, and consult with him in relation to the same; That said Singleton refused to delay, but urged the giving of said note, or otherwise, he would proceed to prosecute. Said Houston being thus threatened, applied to your petitioner to become his security, and your petitioner being entirely ignorant of the subject, and seeing that said Houston was much disturbed, being then old, infirm and afflicted with the palsy, consented to become his security, and said Houston and your petitioner executed their note to said Singleton for the use of the U.S. for the sum of $93 Dolls, and 25 cents bearing date the 1st of November 1836 and payable some months thereafter.

That in the month of March, 1835 said Houston departed this life; that he had been for several years before almost helpless, without any estate real or personal, and at the time of his death, his property was insufficient to defray the expenses of his burial; that your petitioner being the son-in-law of said Houston, was induced by his relationship, to take him home, there to live; That your petitioner afterwards discovered it was unjust and improper in said Singleton to require payment of said note and declined paying the same, and thereupon suit was instituted in the year 1835 against your petitioner or the security of said Houston, in the United States Court at Clarksburg, a distance of upwards of 40 miles from the residence of your petitioner, and he employed Edgar C. Wilson of Morgantown, Virginia as his attorney to defend said case, and soon thereafter defense was made and pleas filed setting forth the character of the transaction, and the cause stood ready for hearing, and your petitioner and his witnesses attended, ready for trial, but the case was continued at the instance of the U. States until sometime in the year 1836, when the Clerk's Office of said Court, with all the papers relative to said case, were destroyed by fire, and your petitioner had hoped that no further proceeding would be instituted against him. But in the month of September, in the year of 1838, a new writ was issued against your petitioner, and in the year 1840 the plaintiff filed his declaration, and in consequence of a change in the time of holding said Court, said Wilson was unable to give his personal attention thereto, and your petitioner was under the necessity of employing G. D. Camden, Esq. of Clarksburgh as additional council, and in the same year pleas in defense were again filed similar to those which had been destroyed; and the true nature of the defense is found in the 3r, 6th and fifth pleas, contained on the 6th and 7th pages of the record of said case accompanying this petition, which pleas are duly verified by your petitioner.

That your petitioner has ever been ready for the trial of said cause and has been in attendance at said Court at least some ten or twelve terms since the suit was first instituted, and often with his witnesses, but as often has the cause been continued at the instance of the Attorney for the United States, and never at the instance of your petitioner, which will all appear from said record.

Your petitioner some two years since had hopes that a trail of said cause might soon be had, but within the last 18 months 20 indictments, or more have been found in said Court, which it improbable that any trial of this case can be had for at least 5 years to come, and your petitioner is still kept in suspense; That he has already expended in time and money much more than the original debt, and with but a very distant prospect of having his case tried for years to come. Considering the nature of the claim, being an attempt to enforce the repayment of the pittance granted to a revolutionary soldier by the U. States, and that from a security who never received the slightest consideration therefore, but, on the other hand, was compelled to support his aged and impoverished parent; that if ever there were doubts as to the proper construction of the service of said Houston, yet, without any suppression of the truth, the pension was allowed him, considering, also, the great costs and vexation to which your petitioner has been subjected by said suit, and the distant prospect of a trial, and the probable continuing costs and expenses which must fall upon your petitioner, whether he succeeds in said suit or not,--Your petitioner has been advised, as the only remedy, that application be made to your Honorable Body;--He therefore, respectfully prays an act relieving your petitioner from all liability in consequence of the execution of said obligation for $93 Dolls & 25 cents; and that the suit now pending in the U.S. Court, held at Clarksburgh, Va against your petitioner, may be dismissed which your petitioner is advised the present atto. for the U.S. will willingly do, provided, he have authority for so doing.

Your petitioner herewith filed a copy of the record of said suit endorsed "A", together with the affidavits of Edgar C. Wilson, Esq. and Elizabeth Robinson & John Evans, endorsed B & C.

All which is respectfully submitted.

Signed Joseph D. Hill

N.B. Your petitioner begs leave to refer to the Hon. W. G. Brown, the Rep in Congress from this District, as to probability of having trial of the above mentioned case, he being conversant with the business of said Court.

Signed J.D.H.

January 5th, 1846