Circuit Court, Weaver vs Troutman - Bullitt Co Michael WEAVER vs. Michael TROUTMAN (pg. 576) Bullitt Circuit Court Judgement #133 Paper #1 Complaint: Feb. Term 1807 Michael WEAVER complains of Michael TROUTMAN .. plea of trespass on the case for that whereas the sd. Pltff. Now is a good true honest and faithful citizen of this commonwealth... Yet the said deft... did.. proclaim.. these false.. scandalous.. words towit " I (meaning the defendant) have heard that WEAVER (meaning the Pltff.) killed a man and woman in the Valley" thereby meaning that he heard the Pltff. Was a murderer, by means of the speaking .. of which.. malicious.. words the pltff is greatly. Injured.. in his good name.. and is fallen into publick scandal and disgrace and has been and is in danger of being prosecute according to the statute made against murderers whereby the Pltff has sustained damage to three thousand dollars & c .. & therefore he sues & c. Pope for Pltff. Paper #2 Write: Issued 28 Jan 1807; directed to Bullit Co., summoning Michael TROUTMAN to answer Michael WEAVER plea of trespass on the case, damage $3000.00. F. W. S. Grayson, Clk. B.C. Slander & no bail required. Executed by James CALDWELL SBC. Steps on back: Feby Rs Ca retd Decon filed Y Contd. (illegible) C O April C O C & W J MAY T. Ord (illegible) September T Contd. for award 1808 Mar. Contd. by consent for award June or Ref set aside & (illegible) & contd. Octr. Non suit Paper #3 Paper : no date Michael WEAVER vs In case Michael TROUTMAN TROUTMAN said that he had heard " I have heard that WEAVER killed a man and woman in the Valley". (pg. 577) Paper #4 Writ: issued 29 Apr 1807; directed to Bullit Co., summoning Peter KERNS to testify in behalf of Michael TROUTMAN, F. W. S. GRAYSON, Clk. B.C. Executed by James CALDWELL SBC Paper #5 Writ; issued 4 May 1807; directed to Washington Co., summoning Joseph MCDANIEL to testify in behalf of Michael TROUTMAN, F. W. S. GRAYSON, Clk, B. C. Executed by James CALDWELL SBC Paper #6 Writ; issued 6 May 1807; directed to Bullitt Co., summoning Michael HINDERLETER & wife to testify in behalf of Michael WEAVER. F. W. S. GRAYSON, Clk, B.C. Not executed for want of time (signed) James CALDWELL SBC Paper#7 Deposition of Peter KERN: taken 23 May 1807 at the house of Edward FRYE in Shepherdsville, KY. This deponent .. sayeth that the best of his recollection this spring was a year that being in conversation with the said WEAVER’s wife that she informed this deponant that when they lived in the settlement that a man & woman came to Mr. WEAVER’s to set them over the river whereon we then lived and after he sat them over it was reported that WEAVER must have kild them as they had never been heard of after that time and further this deponent sayeth not. (signed) Peter KERN Taken before Edward FRYE & David GRABLE, 2 Justices of the Peace of Bullitt County. Paper #8 Deposition of Peter KERN: taken 23 May 1807: a copy of the above deposition, Paper #7; attested by F. W. S. GRAYSON. The same word for word. (page 578) Paper #9 Deposition of Elizabeth MARSHALL; taken 6 August 1807 at the house of Michael TROUTMAN to be read as evidence before the Refrees in this case by the consent of both parties waving all form as to legal notice. This deponant... saith that she heard David BURKS say about two years past that Michael WEAVER was accused of murdering a family, and that the man and woman were both missing of said family and that there was a hatchet found under the floor of the house where the said family lived, and the said hatchet was bloody and some hair sticking to the hatchet appeared to be the hair of some human, and that said BURKS further informed her this deponant that said WEAVER informed him that he had bled a horse for the man that was missing. The said BURKS further informed her this deponant that he thought that the man of the above missing family did come back once, after the murder was supposed to have been done, and that the clothing and furniture of the supposed murdered family was in the house of said family and appeared to him said BURKS to be all the furniture that did belong to the said family before they were missing. Q. (by Weaver) When Burks first informed you of the above deposition whom did you tell it to? R. I did not tell any person to my recollection. S. (by Weaver) Do you know how TROUTMAN came to find out that you knew of such a report about me? A. I do not. And further this deponant sayeth not. Her (signed) Elizabeth X MARSHALL mark This witness claims her attendance and for traveling of 38 miles as a witness being legally summonsed. Paper #10 Deposition of Joseph MCDONALD; taken 6 Aug. 1807 at the house of Michael TROUTMAN This deponant.. sayeth that to the best of his deponant’s recollection about four years back from this time that in conversation with a certain Mr. BURKS that the said BURKS informed him that Michael WEAVER was accused with the murdering of a man & woman. This deponant then asked BURKS what grounds he had for the believing of such a report. He answered that there had been a difference between WEAVER & the man and that the people was missing and it was thought that they was murdered by the sign that was seen of blood about the door of the house wherein the man had lived in and an axe that was found under the floor that was bloody. This deponant then asked BURKS if they could give any account how the blood came there. He (pg 579 paper #11) answered that Mr. WEAVER informed him that he had bled a horse. This deponant also asked BURKS how WEAVER got clear of the report. He informed him that WEAVER had brought a certificate from under their hands that they were alive. This deponant also asked BURKS if he knew whether the man was in debt which might have induced him to run off. He told him that he was not. This deponant also sayeth that he was infomred by a Mr. STUART that then had lived a neighbor to Mr. WEAVER that a son of his the sd. WEAVER had laid one night at his house and that he had informed him of the report that was about his father’s killing the people and appeared to be alarmed at it. Q. (by Weaver) Did you tell James MARSHALL that I was guilty of the above report or any other person? A. I do not recollect that I have or did tell any person. Further this deponant saith not. (signed) Joseph MCDONALD This deponant claims his attendance also for traveling of about 38 miles being legally summonsed as a witness This deposition was taken by me at the house of Michael TROUTMAN, Bullitt County by the consent of the parties this 6th day of August 1807. (signed) Edward FRYE Paper #12 Writ" issued 15 Sept. 1808, directed to Bullitt Co., Summoning Peter KERNS to testify in behalf of Michael TROUTMAN, F.W. S. GRAYSON, Clk. B.C. "Not found in this Wourld" (signed) James CALDWELL DS Paper #13 Writ: issused 15 Sept. 1808, directed to Washington Co., summoning Joseph MCDANIEL to testify in behalf of Michael TROUTMAN. F.W. S. GRAYSON, Clk. B.C. No record of service. Paper #14 Writ: issued 15 Sept. 1808, directed to Bullitt Co., summoning Michael HINDELETER & wife to testify in behalf of Michael WEAVER, F.W. S. GRAYSON, Clk, B.C. "No inhabitant:, (signed) James CALDWELL DS (page 580) Paper #15 Execution No. 1572; issued 11 Nov. 1808 ; agst estate of Michael WEAVER; 150 lbs of tobacco & $9.54, damages and costs asjudged to Michael TROUTMAN by reason of WEAVER failing to prosecute a certain action on the case by him commenced. F.W. S. GRAYSON, Clk.B.C. " No property found", (signed) James CALDWELL DS for Wm. SIMMONS SBC. From: Maria Troutman Date: 25 Jan 1998