(The Depositions)
(p1)
The deposition of Virgina Nichols
(possibly Virgiania Ann Shipley Nichols, kin to Elizabeth Shipley Mauk)
taken at the Law office of J W Gorin
in the town of Glasgow Ky on the 1st
day of Sept 1866 to be read as evidence
in an action pending in the Barren
Circuit Court in which Elizabeth Mauk
is Pett & George Mauk is Deft
Question by Pltf
State whether or not you are acquainted with the parties
to this suit and ?__? not a fact that the defendant is &
has been prior to the 21st April 1865 a confirmed
drunkard.
Ans Yes Sirs he was
Ques by Pltf
Is it or not true from what the neighbors & those
who know the facts universally acknowledged as
true that the defendant has treated his wife
in a cruel & inhuman manner & has been
fraudulantly disposing of his property
without leaving or providing a suf-
ficiency for his infant children.
Ans I don’t know any thing about that
except what I heard Mrs Mauk (sic) their children
say about it.
Cross Examined by Deft
ist You have stated that Mr Mauk was
a confirmed drunkard. Please state how
often you ever seen him drunk. When it
was and where.
Image disposition page1
(p2)
Ans I saw him drunk on the day she went
from there & at other times but I have
no recollection of any particular day of
the week or month
(signed)
V A Nichols
Also the Deposition of
Michael Shanks taken at
the same time and place
and for the purposes mentioned
in the afore?
Question by Plantiffs ?__?
Were you or not acquainted
with defendant George Mauk &
How far did you live from
him?
Was he or not a confirmed drunkard
more than one year previous to
21 April 1865 Was there not wasting
his estate Pne year previou to
taht time without making suitable
provisions for his family
How many children has he
How old are they and where are they
Has or not said Mauk for
not less than six months
before 21 April 1865
behaved toward his wife d?__?
Image disposition page2
(p3)
In such a cruel and inhuman
manner as to indicate on his
part a settled aversion to her
So as to destroy her peace and
happiness
Ans
as to 1st I am acquanted with Mr Mauk
As to 2nd yes six I think he was
as to the 3rd Everything seemed to be
wasting away like there was no
care taken of.
as to hid providing for his family
I don’t know. I don’t know how
many children he has & how old
they were or where they are.
of his treatment to his wife I
was not there nor do I know any
thing about it
Deft Mauk lives in the county of
Barren consecutively about 12
years before the 21st of April 1865 & owned the farm where
he lives.
Cross examined
You have stated this during the year
spoken of Everything on Mr Mauks
farm seemed to be wasting away. How
often were you on the farm That year
was not as good care been taken of it
that year as any year before
Image disposition page 3
(p4)
Ans
I was there several times during
that year to get him & his boys
to work for me. he was drunk
he could not work. he did not
seem to take as good care of his
farm about that time as he had
done before. (signed) Michael Shank
Also the Disposition of G W Mauk
taken the same time &
place for the purposes
mentioned in the action.
Witness states that he is acquainted
to the parties in this action
that he resided in their family
in the month of March previous
to April 1865 & he was then &
has been for a year or more
previous to the time a confirmed
drunkard his farm was going to
waste but he had while I was
there tolerable plenty to live on
I don’t know that I ever saw him ?__?
wife treat his wife. but he swore &
cursed about the place a good deal
but I never saw him attempt to
strike her. He owned the farm on which he lived
& some horses & cattle & the last time
I saw him he was still drinking
Image disposition page 4
(p5)
Cross Exmamined
I am 20 years old in next Feby
The farm was going to waste by
his neglect to cultivate it.
George W. Mauk
Also the deposition of a
nother Geo W Mauk:
witness is acquainted with
plaintiff in this suit. That he had
been a confirmed drunkard
ever since I knew him & I have
known him 20 years or all my
life, I am about 25 years old
his property seems to be wasting
away and his wife wants to have
plowing done by the boys & the
farm cultivated & he swore they
should not do so that there should
not be plow stuck in the ground
that was in the year 1865 & before
the 21st of Apl of that year. He
hide out a piece of cash & other
things from the use of the family
& he treated my mother very bad
& threatened her life ?__? & tiring
this was in 1862 or 1863 from the
month of Feby 1865 to the 21st Apl
1865 I was at home from the army
Image disposition page 5
(p6)
his treatment to my mother
during that time was very much
?___? & I had to frequently inter-
fear to keep him from being
cruel to her.
Did deft George Mauk
during the time you speak of
being at the house behave toward
plaintiff in such a cruel and
inhuman manner as to indicate
to her to destroy per-
manently her peace and happi-
ness
Ans
Yes Sir
Did he during that time attempt
to injure her with force and
violence in such a manner as
to indicate a danerous ?__?
?__? temper in him and
probable danger to her life
or great bodily harm by
residing with her
Ans
Yes SIr
Question
Where did defendant
reside on 20 Apl 1865 and
for a year before then
Ans
On the farm on which he now lives
in Barren County
Image disposition page 6
(p7)
Question
How much Estate had
your father then and now
Ans
He had about 200 acres of land
& has it yet ?__? he has ?__? 2 horses
& some cattle & hogs
Quest
Has he not offered to dis-
pose of his farm at a very
low rate with an expressed
view of giving to Texas if So when
Ans
He has not to my knowledge
but before the separation he
threatened frequently to sell out
& go to some new country
when my mother left he had
about $300 or more in cash notes
Quest
State why your mother left
your father if you are not a son
of plaintiff & defense and when
she left if she was compelled
to leave on account of cruel
treatment
State all you about the treatment
& ?__? and conduct of your
father toward your mother for
the last five years
Image disposition page 7
(p8)
Ans
I am a son of the parties in
this action. My mother left
my father about the last of
Mch or 1st of Apr 1865 She left
him because she was ?__?
the threats of Deft in danger
of her life and I trust my
self she was in danger of her
life at the time she went away
he had been cursing and abusing
her all night & he threatened her life & she left next
morning early. I had to step
in the room with him to prevent
him from injuring her. In 1862
he was loading or fixing to load
his pistol & threatened to kill her
often when he loaded his gun he
stated that he done so to kill my
mother
& we had to hide them
from him to prevent him from
doing her bodily harm ?__?
?__? diseparated & selling off some
of his property
Cross Examination
I was at my fathers on yesterday
I made a ?__? of these in 1865
my father had a tolerable
plenty of provisions for the
family at that time
Image disposition page 8
(p9)
He has more quiet & less a
business & when he was sober
than when he has drunk
The farm is tolerable poor
He had a Black Smiths shop
but was doing but very little
work in it at the time my mother left I don’t know what
my father done with the money
he got for the stock he sold
I don’t know whether he has
it now or not
Has not your father been selling & caarrying
on his farm since your mother left
him Also coming at his blacksmith
shop
Ans
He has not this year last year I carried
on the farming myself or raised
a crop then My father is carry-
ing on the Blacksmith Shop this
year in past year in partnership with Spencer
When your father spoke of selling the farm
& going to some new country with your
little brother did he say anything to
indicate that he intended to have the
rest of the family behind
Are you not very anxious that your mother
should gain this suit
Ans
Yes sir I answer the question also
in the affirmative George W Mauk
Image deposition page 9
(p10)
Also the Deposition of Catherine Richards
taken at the same time and place
to be read as evidence in the
same action
Question
Are you a daughter of
Plaintiff and defendant
Ans
Yes Sir
Quest How many children have
them and how old are they and
where are they
They have 9 - 3 married & 6 Single
The youngest is about 13 years
Old The next oldest about 19-
& the next oldest about 21. My mother
now lives on Mr Becks farm near
Glasgow & the 2 youngest living
with her.
Quest
State where have you lived for
fourteen years last past
State all you (sic) about the treatment
of your mother by your
father
Ans I lived with my father & mother
I have heard my father within
the last 3 years after threaten the
life of my mother I have also
heard the same threats within
Image deposition page 10
(p11)
the last 6 months before they parted
Quest
Did or did not Defendant
behave toward your mother
during the last six months that they lived together
continually in a manner to
to indicate that he had no
regard for her feelings and
hated her
Ans Yes Sir
Quest
State all you know about
it
Ans I never saw him strike her
but I heard him abuse & threaten
her very much and neglect her he
left the house & when he came
in brought a club in his hand
& sit it in the corner near him
& he would curse her & look
at her in a threatening way & look
at the club but he did not attempt
to strike her
Quest
Has he or not been wasting
his property within the last few
years and is he he not still very
dissatisfied(?) Ans Yes Sir
Image deposition page 11
p(12)
Cross Examined (?___?)
You say your father is wasting his
property In what way is he doing
this
Ans He is selling it off at low proces
& drink it up & wasting it in
one way or another
Catherine Richards
Also Deposition of John Mauk
wittness states that the Deft has about 200
acres of Land 2 horses 2
or 3 head cattle & some hogs
I lived between a ?__? and a half
mile of the parties for the last
10 years just preceeding the time
of their parting. My father
treated my mother so badly
that the very often sent for
me to come over to get her
& frequently found him drunk & with
a gun or a pen knife in his
hands & threatening the life of
my mother. This occuredwithin 6 mos just pre-
ceding the 21st day
of Apr 1865. He has been for
the last several years wasting
his property for drink &
in the fall of 1863 he spent frpm
$1.-&1.50 per day at a still house
when I was working
Image deposition page 12
(p13)
Cross Examined
He killed 2 horses in a spree
& sold other property I don't
know what he did with
the money. I am a son
of the Pet & Deft in this action
The farm is a poor one
worth perhaps $1000 or $1500
John S. Mauk
State of Kentucky Barren County
I George W Trabue Examiner for Barren Co
certify that the foregoing Depositions of Virginia A
Nichols, Micheal Shanks, Geo W Mauk, another
G W Mauk, Catherine Richards, & John S. Mauk
were taken before me at the time & place
in the action mentioned in the caption. The said
witnesses having been first sworn by me that
the evidence they should give in the action
should be the truth & their statement re-
duced to writing by me in their presence
the Pet & also Defts atty being present
Given under my hand Sep 3 1866
G. W. Trabue BC
Examiner fee for Dep $3.
2 ?___? 40 ?__? ?__?
Image deposition page 13
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