In the Case of
Simpson vs. Whitfield

The Deposition of James Thomas Boswell
John F Simpson & Others
J W Whitfield & Others

The deposition of James T Boswell taken before the clerk master of the chauncery court of Pulaski upon and order of referance in the above named case ______being a sworn said witness aged 43 years being first sworn deposes as follows:
Int 1: Are you one of Roger Simpson's Grandchildren ? and what relation are you to Jno D Boswell ?
Ans: I am one of Roger Simpson's grandchildren and Jno D Boswell was my brother.
Int 2: Have you and your brother Jno D ever received the $100.00 given to you by said Grandfather's Will?
If so, When & from whom? And how do you know that Jno D. Boswell received $100.00 coming to To him?
Ans: I received mine from John F Simpson Exor. & gave him my reciept which will show the date of Payment. I heard my brother Jno. D Boswell say that he had received the amount due him from the Executor, that he had bought some things at the sale and owed the estate as much as a hundred dollars. And that he considered himself paid, although no reciepts had passed between them. He first told me This is 1872 and afterwords told me the same thing several times. My brother died in 1875 or 1876. He said it was a piece of carelessness that him and John F Simpson that no reciept had been given And further says not.

Sworn and subscribed before me June 21st 1880

James T Boswell

J B ______ clk

Submitted by: Sherri Sontag


My notes are in [brackets] - Roger Harvell [Italics indicate words hand written in boldface] [====Indicates separate piece of paper] No. 18751-3 With No. 16199 Remarks: I. D. Harwell Bertha Hammonds J. S. Harwell [RDH Note: Bertha and J(ames) S. children of Isaac Dow Harwell.] ========================================================================= No. 18751 EASTERN CHEROKEES. APPLICATION OF I. D. Harwell For share of money appropriated for the Eastern Cherokee Indians by the Act of Congress approved Jun3 30, 1906, in accordance with the decrees of the Court of Claims of May 18, 1905, and May 28, 1906. INDIAN OFFICE EASTERN CHEROKEES Rec MAR 22 1907 No._______ [Cannot read the signature on this paper]
Commissioner of Indian Affairs,
Washington, D.C.
I hereby make application for shuch share as may be due me of the fund appropriated by the Act of Congress approved June 30, 1906, in accordance with the decrees of the Court of Claims of May 18, 1905, and May 28, 1906, in favor of the Eastern Cherokees. The evidence of identity is herewith subjoined.
1. State Full name
      English name: I.D. Harwell
      Indian name: Nancy Ann Payne
2. Residence: City
3. Town and post office: Cleburne
4. County: Johnson
5. State: Texas
6. Date and place of birth: Pulaski Giles county Tenn.
7. By what right do you claim to share? If you claim through more than one relative living in 1851, set forth each claim separately: Claim through my mother Nancy Ann Payne.
8. Are you married: Yess [sic]
9. Name and age of wife: Maden [sic] name Annie E. Davis now Annie E. Harwell age 46 years.
10. Give names of your father and mother, and your mother's name before marriage.
Father - English name: James N. Harwell
Indian name: ---------
Mother - English name: Nancy Ann Harwell
Indian name: Nancy Ann Payne
Maiden name: Nancy Ann Payne
11. Where were they born?
Father: Columbia Mury [sic] County, Tenn.
Mother: East Tennessee dont know the county.
12. Where did they reside in 1851, if living at that time?
Father: Giles County, Tenn.
Mother: Giles County, Tenn.
13. Date of death of your father and mother -
Father: about 1883 Mother: about 1881
14. Were they ever enrolled for annuities, land, or other benefits? If so, state when and where: No
15. Name all your brothers and sisters, giving ages, and if not living, the date of death:
(1) Elizbeth Harwellabout 1840about 1900
(2) Mary Hanna Harwell1842 1862
(3) W.A. Harwell" 1844Stil living
(4) Maranda Harwell" 1846" 1902
(5) Jones Harwell" 1848" 1906
(6) I. D. Harwell (applicant)1852Alive
(7) Anne A. Harwell1853Died 1890
(8) Mattie Harwell1858Stil living
(9) 2 Boys died when small  
(10) Noah Harwellabout 1867Stil living

16. State English and Indian names of your grandparents on both father's and mother's side, if possible:
Ambrose HarwellThomas Payne
Polie Browndont know my
mother's maden name
17. Where were they born? I think they was Born in North Carolina, grand father - granddmother's side place of birth not known.
18. Where did they reside in 1851, if living at that time? Giles County Tenn.
19. Give names of all their children, and residence, if living; if not living, give dates of deaths: (1) English name: James N. Harwell about 1883. Indian name: ______ Residence: Lawrence County, Tenn. (2) English name: Hanna Harwell, Giles County Tenn. Grand mother dont know how many brothers and sisters Gran Mother had. Indian name: ______ Residence: ________ (3) English name: _____ Indian name: _______ (4) English name: _____ Indian name: _______ (5) English name: _____ Indian name: _______ 20. Have you ever been enrolled for annuities, land, or other benefits? If so, state when and where. No. ============================================================================ 21. To expedite identification, claimants should give the full English and Indian names, if possible, of their paternal and maternal ancestors back to 1835: Grand father on my mothers side was named Thomas Payne Remarks. Mother had 4 sisters and 3 Brothers Salina Payne died in Henderson co. Tenn. [RDH Note: This last entry was lined through and initialed M.N.B (M.N. Bauldwin below)] REMARKS (Under this head the applicant may give additional information that he believes will assist in proving his claims.) My Mothers brother Cake* Payne I remember well looked very much like an Indian and talked like an Indian. My Mother has a sister who looks very much like an Indian. Who live in Williamson county, Texas. [*RDH Note: This given name is very hard to read, looks like "Cake", could be Carl. I have two brothers of Nancy Payne that this might be. One is William C. and one is Thomas C. I have no information on what either of these middle initials stood for.] Note. - Answers should be brief but explicit; the words "Yes," "No," "Unknown," etc., may be used in cases where applicable. Read the questions carefully: I solemnly swear that the foregoing statements made by me are true to the best of my knowledge and belief. (Signature) I D Harwell Subscribed and sworn to before me this 16th day of March , 1907. My commission expires June 1st , 1907 M. N. Bauldwin Notary Public. AFFIDAVIT (The following affidavit must be sworn to by two or more witnesses who are well acquainted with the applicant.) Personally appeared before me J. M. Long and J. N. Bauldwin , who, being duly sworn, on oath depose and say they are well acquainted with I. D. Harwell, who makes the foregoing application and statements, and have known him for 2 years and 2 years, respectively, and know him to be the identical person who represents himself to be, and that the statements made by him are true, to the best of their knowledge and belief, and they have no interest whatever in his claim. Signatures of Witnesses J M Long J. N. Bauldwin Subscribed and sworn to before me this 16 day of March, 1907. My commission expires June 1st , 1907 M N Bauldwin Notary Public. in and for Johnson County, Texas. Note. - Affidavits should be made, whenever practicable, before a notary public, clerk of court, or before a person having a seal. If sworn to before an Indian agent or disbursing agent of the Indian service, it need not be executed before a notary, etc. ============================================================================ No. 18751 Action Reject Name I. D. Harwell and children. Residence Cleburn Texas Reasons: Cousin of 16199. [RDH Note: It appears that Isaac application was reject because his cousin, applicant # 16199, had been rejected before. No idea who that applicant was at this point.]

Submitted by: Roger Harvell