folder 097: Correspondence, 1–12 February 1822

Shepherd & Leslie Feby 1822

Paid

Thomas Ruffin Esq Hillsborough North Caro

Chatham N. C. 9 February 1822

Thos. Ruffin Esqr. Attorney at law

Sir,

Presuming some explanations, to you as my counsel, in writing, respecting the transactions which have given rise to the suit now pending in Chatham County Court between Mr. Joab Brooks and myself will not be amiss, I send you the following.

Some time in the latter end of year 1817 an acc^t. com= =menced between us and continued open 'till some time in the year 1818 when it was closed by my giving him my note for a balance in his favour of about 37 dollars: A. since, 'till some short time prior to the commencement of the above suit I had made him sundry payments at in sundry articles, at sundry times, to the am^t. of upwards of seventy dollars as may be seen by referring to my acc^t. filed in the clerk's Office, which I was sensible would overbalance the note I gave him and a small acc^t. I unavoidably made with him since the former settlement. Some time last spring I sent to his house in order to have a settle= =ment and take up my note, when, to my utter astonish= =ment he denied part of my setoffs, and produced an acc^t. composed partly of articles taxed in our former settlement, of whiskey the product of my own grain sent to his distillery, B of charges unknown to me, and of the articles which I know I had, to some triple more than the balance The acc^t. shown me on his Books was without the day of -------------------------------------------------------------------------------------- Notes

A I have a bill in his son Terrell's hand writing of the settlement which will show that I am ^taxed in that with some of the same articles charged in his acc^t. now against me.

B I let him have corn to still for which I was to have one gallon pr. bushel and was charged with the whistky at a dollar pr. Gallon. He charged in with Iron two or three instances Iron that I swaped for convenience sake

the month, or even the month itself, the years only were noticed. I stated to him his acc^t. was very incorrect and that if he would draw it off and furnish me with a copy I would at my leisure examine it and point out the erroneous charges and come some future day to a settlement, it then being in the night, to which he gave very indirect answers, but seemed to insinuate in a kind of an ambiguous manner that he was willing to do so if nothing else would do. I then left him not knowing what to do with him or his acc^t. but expected I should, if he did not shortly settle fairly, have to sue for my note. Some few weeks after while laboring under this dilemma one date at a [potty?] muster I was accosted by Mr. Lemuel S. McNeill agent for Jno Siler Esqr. and told he had purchased the above note ^of Mr Joab Brooks, on being told by me that I had alredy paid off the note, he said he was sorry he had any thing to do with it, and would not at first had any thing to do with ^it only on condition that if ^he could not get the am^t. out of me that he (J. B) would write pay a debt due by his son John Brooks who was under age. I asked Mr. McNiell if ^it was assigned over to him or Jno Siler Esqr. he said it was not. and I then [?] him before Mr. Ragland from receiving an assignment on the note, he (Mr. McNiell) than stated he should immediately warrant me as ^he must have the money out of one or the other, and did so on the spot and I was ruled to trial some few days afterwards at Jno Siler's Esqr. and before Mr. James Rogers a brother in law of Mr. Joab Brooks: When Judgement for the amt . note and interest went against me, notwithstanding I bro't forward my setoffs and urged my right to have them allowed, inasmuch as the

note was not assigned over to Jn^o Siler Esq. that Mr. Joab Brooks was the equitable owner and that Jn^o Siler Esq. was neither gainer nor loser let the decision be what it might. Thus discomfitted, I prayed an appeal; but being advised by my friends to warrant him immediately as the cheapest and safest way to come at my right; I took their counsel, and bro't him to trial the next day. when he produced a transcript (as he said) from his books, considerably enlarged so as to fully meet my claim against him, and expressed a willingness for the Justice if he would his to allow my acct. if he would his, and intimated in language I now forget that he had no doubt my acc^t. might be right. As the Justice ^was looking over the papers the acting constable observed there was a charge by J. Brooks of a half Barrell of meal bo't of Mr Marly, which he saw taxed in the bill of the former settlement. On finding he amended his his acc^t. so as to meet mine at all events. I prayed the Justice to put off the trial to some future day and to compel him to produce his Books containing the origin= =al or primitive entrees, which was granted, and the next trial day set, I believe, on the following Saturday. Mr. J. Brooks did not meet on the appointed day, but sent his son Terrell with an excuse that he was very sick and that the full key of his desk was lost that contained his Books, and through him prayed the trial to be put off, but, the Justice, seeing through the subterfuge, referred and entered up a Judgment agreeably to to my claim: however some days afterwards Mr. J. Brooks made oath to the above excuses and got a new trial granted. We were afterwards cited to appear before another Justice of the peace: We both met met accordingly, and after some altercation consented to

go trial, but instead upon producing as directed his original Books he exhibited another transcript with the aditional ^charges for a [?], or as he termed him a male sheep $2, for work done at log-roling kitchen raising &c. It would here perhaps not be improper to relate the circumstances relating to the above sheep. Some three or four years since when ^I first became a close neighbor to him I had a few ews without a ram he had I understood three or four, therefore, I applied to ^him for ^loan of one to run during the winter with my ewes and for his kindness was to winter him: The ram some time after he was turned in my pasture was taken with a swelling in the body, of which I gave him [n?],_ he finally died and Mr. J. Brooks sent a nigro and flayed of the skin and took it home_ Since till the exhibition of the above transcript I never heard no talk about the [crossed out] ram_ The other aditional charges show for themselves

He at the same time declared the above transcript his original entrees and that he had no other Book nor never had any that contained them, and said he was willing to make oath of it and stept towards the Justice as if to do so which he however declined and suddenly turning to me apparently in the fin= =est humor, and said we could best settle our acc^ts. ourselves_ I stated to ^him we should never settle unless he purged his acc^t. and that largely - he answered it should be done_ his son Terrell then took the his fathers part of the conversation, and ^said if his father and I would try ^to settle ourselves, [the?] acc^t. sho'd be purged and the Judgment he had ags. me credited. I in answer stated ^I was willing to try ourselves and by ourselves alone_ and that I was unwilling to refer the matter, for certain reasons, to any set of arbitrators

So we finally agreed to settle the matter between ourselves if we could; but in the mean time the suit