Page:Pennington's Executors v. Yell.pdf/9

220 objected, and it was agreed to refer its competency to the court.] Mrs. Smith moved from Jefferson to Arkansas county in 1840 or 1841. Up to the fall of 1843, she had negroes in her possession of the value of $300 or $400. Pullen, up to within a few days of his leaving the State, always had plenty of property in his possession.

Dardenne testifies that he knew Mrs. Smith whilst she lived in Jefferson and Arkansas counties: That the negroes which she had in her possession were conveyed to her and her heirs by her father. She married, in Arkansas county, in the latter part of 1840, or forepart of 1841. She had said negroes in her possession in Jefferson and Arkansas counties until they were sold out of her possession. Her removal from Jefferson to Arkansas county was notorious, and the community generally knew it.

Appended to the foregoing deposition was an admission by plaintiffs' attorney that the smaller notes referred to in the declaration had been settled by defendant, his fees remaining unpaid.

Defendant then offered to read to the jury a second deposition of Stanislaus Dardenne, and the deposition of Mary Jane Dardenne, with exhibit therein referred to, to which plaintiffs objected, but the court overruled the objection.

Stanislaus Dardenne testifies that he knew said Elizabeth G. Smith in the fall or winter of 1838, when she moved to Jefferson county, and brought with her seven negroes and three horses, and if she had any other personal property in her possession, he did not know it. Said negroes and horses were, as witness understood, the property of the estate of John J. Smith, deceased. After she moved to Jefferson county, witness went to Pope county, and brought one other negro, the property of said estate, and delivered the same to Mrs. Smith. In the winter of 1840, she removed to Arkansas county, and took said negroes with her. Witness married the daughter of John J. Smith, and stepdaughter of said Elizabeth G., and had good opportunity of knowing "the concerns of the family," and he had good reason to believe that the said negroes were given to said Elizabeth G.