The last will and Testament of Socrates Brooks of Plymouth Chenango County State of New York
I Socrates Brooks, considering the uncertainty of this mortal life, and being of sound mind and memory (blessed by Almighty God for the same.) Do make and publish this my last will and Testament in manner and form following, (that is to say!) First, I give and bequeath unto my wife Lucena Brooks all my personal property goods, and chattels of what kind so ever for the purpose and on condition that she shall pay my debts. I give and bequeath unto my wife Lucena Brooks the use and occupation of all my landed property of what kind so ever with the rents issues and profits thereof during the term of her natural life: Provided she remains sole and unmarried but if she marries then only the home farm known as the Elijah Brooks purchase I give and bequeath unto my children the following sums set opposite their respective names to be paid when they are respectively twenty-one years of age.
To George T. Brooks one hundred dollars
To Jesse Brooks one hundred dollars
To Lucy Brooks one hundred dollars
These sums to be paid by Lucena Brooks whom I appoint sole executrix of this my last Will and Testament and in case of her death, marriage or inability to pay these said sums I will and order shall be first certified out of my landed state before any further division and in case of her death before they shall become twenty one then I will the use of all my landed estate to them for twenty years and in case of her marriage I will the use of all my landed interest to them and if she lives over twenty years then during her life or twenty years, excepting the Elijah Brooks purchase. And all the residue of my estate the reversion and remainder I give and bequeath to my sons John Brooks, Roswell Brooks, Caius C. Brooks, George T. Brooks, Jesse Brooks: and my daughter Lucy Brooks after the death of Lucena Brooks to hold as tenants: in common excepting and deducting from the share of Roswell Brooks, the sum of two hundred dollars already paid to him and I hereby revoke all wills heretofore by me made. In Witness whereof I have hereunto set my hand and seal this 7th day of July in the year of our Lord one thousand eight hundred and forty one.
/s/Socrates Brooks
The above instrument consisting of one sheet was now here subscribed by Socrates Brooks the testator in presence of each of us and was at the same time declared by him to be his last Will and testament and we at his request sign our names hereto as attesting Witnesses:
Thomas Brooks, residing in Plymouth
Elijah G. Dimmick, residing in Plymouth
And furthermore will in order to prevent disputes and litigation if the use devised to George, Jesse, and Lucy, should come into their possession and they shall be unable to agree on a division they shall abide the award of Thomas Brooks.
Signed with my hand sealed with my seal. Socrates Brooks
(CITATIONS AND NOTICES OF SERVICES)
172
Socrates Brooks
Citation
To be returned to the
Surrogate’s office
And affirmation Of service
Filed Sept.10.1841
S. McKoon Surrogate
Chenango County NY Horace Parker of Oxford being duly sworn deposes & says that he served the written citation on the witness Named Henry Mygatt The official guardian within named on the 18 day of August 1841 that he served the same by showing him the within with the seal of the surrogate & at the same time handing him a copy of the within.
/s/ H. Parker
Sworn this 28th day of
August 1841 before me
Samuel McKoon Surrogate
Chenango County Lucena Brooks being duly sworn deposes & says that she served the within Citation on the within named Caius C. Brooks on the 28th day of August 1841 & on the within named John Brooks & Roswell Brooks on the 30th or 31th day of August 1841 by showing to each of said persons the within Citation & the seal and at the same time delivering to each of them a copy of the same.
/s/Lucena Brooks
Subscribed & sworn this 10th day
Of September 1841 Before me
Samuel McKoon Surrogate
CITATION
The People of the State of New York; to the heir and next of kin of Socrates Brooks late of Plymouth in the County of Chenango deceased viz. John Brooks, Roswell Brooks & Caius C. Brooks of the said town of Plymouth and Henry R. Mygatt of Oxford in said County Special Guardian of George T. Brooks, Jesse Brooks & Lucy Brooks children and minor heirs at Law of the said deceased. Greetings
Whereas Lucena Brooks, Executrix, named in the last Will and Testament of Socrates Brooks deceased, has made application to the Surrogate of said county of Chenango to have the Will of the said Socrates Brooks which relates to both Real and Personal Estate proved and admitted to probate. You, and each of you, are therefore hereby cited to appear if you choose before the Surrogate, at his office in the village of Oxford in said county, on the tenth day of September 1841 at ten o’clock in the forenoon, to attend to the proof and probate of said Will.
In Testimony whereof, We have caused the seal of office of our said Surrogate to be hereunto
Affixed
Witness Samuel McKoon
SURROGATE of our said county of Chenango at the village
Of Oxford the 28th
Day of August 1841
Samuel McKoon Surrogate
OPENING STATEMENTS (CLERK INDEXING #1 –#5 )
State of New York
County of Chenango Surrogates Court At a Surrogate’s Court held for the County of Chenango at the office of the Surrogate in the Village of Oxford in said County on the tenth day of September 1841 for the purpose of Proving and recording the Last Will and Testament of Socrates Brooks, late of the Town of Plymouth in said County now deceased as a Will of Real Estate and Personal Estate pursuant to the provisions of the Revised Statutes of the State of New York and the several Acts of the Legislature of the State of New York attending and amending the same and particularly an Act Concerning the Proof of Wills, Executors and Administrators, Guardians and Wards, and Surrogates Courts, passed May 16, 1837 on the application of Lucena Brooks, the Executrix in the said Will named before Samuel McKoon Surrogate of Said County-
On the day and at the place aforesaid the said Lucena Brooks appeared for the purpose of Proving and recording the said Last Will and Testament and Caius C. Brooks, Roswell Brooks and John Brooks sons of the said Socrates Brooks, deceased appeared in their own persons to contest the Proof of the said Will and Henry R. Mygall special Guardian of George T. Brooks, Jesse Brooks and Lucy Brooks, minor heirs of said deceased also appeared for the purpose of taking care of the "interests" of said infants-
And thereupon the said Lucena Brooks , the Executrix aforesaid produced due and Satisfactory proof by affidavit, of the Lawful service of the citation issued in this cause upon the heirs and next of kin of the said deceased viz: personal service upon Henry R. Mygall special guardian of George T. Brooks, Jesse Brooks and Lucy Brooks, children and minor heirs at law of the said deceased on the 28’th day of August 1841; personal service upon Caius C. Brooks on the said 28’th day of August 1841 and personal service upon John Brooks & Roswell Brooks on the 30’th or 31’st day of August 1841, each and all of said heirs and next of kin being residents of the County of Chenango and State of New York- and thereupon on the application of the Council for the respective parties the further proceedings upon the Proof of the said Last Will & Testament were adjoined to the 28’th day of September 1841 at 10 O’clock in the forenoon at the Office of the Surrogate - on the said 28’th day of September 1841 the said parties appeared before the said Surrogate at the office of the said Surrogate in the Village of Oxford, pursuant to the said adjournment and thereupon the said Lucena Brooks produced Elijah G. Dimmick and Thomas Brooks, the only subscribing witnesses to the said Last Will and Testament who with the witnesses herein after named were sworn by the said Surrogate duly sworn and testified as follows---
(ELIJAH G. DIMMICK DEPOSITION CLERK INDEXING #6-#23)
Elijah G. Dimmick of the Town of Plymouth in the County of Chenango one of the subscribing witnesses to an instrument in writing which purports to be the Last Will and Testament of Socrates Brooks, late of the said Town of Plymouth now deceased, being duly sworn deposes and says that he was well acquainted with the said Socrates Brooks in his life time and that he saw the said Socrates Brooks execute the Instrument in Writing now produced in Court and bearing date 9’th day of July 1841, and heard the said Socrates Brooks declare the same to be his Last Will and Testament . That he, this despondent set his name thereto as a subscribing witness at the same time at the request of the said Socrates Brooks in his presence and in the presence of Thomas Brooks the other subscribing witness to said instrument in writing who also set his name thereto as a subscribing witness at the same time at the request of the said Socrates Brooks and in his presence and in the presence of the despondent, and this despondent further says that at the time of the execution thereof, the said Socrates Brooks was over 21 years of age- after the said instrument in writing had been executed and signed by the subscribing witnesses Socrates Brooks directed it to be placed among his deeds, and this despondent further says that the Codicil to said Will was executed and witnessed in like manner on the same day the will was executed -- I was sent for to be a witness to the Will. Thomas Brooks the other witness to the Will called for me on the same day it was executed and not more that an hour before it was witnessed by us. This Will is in the handwriting of Thomas Brooks. I went to the house of Socrates Brooks in the afternoon to witness the Will. I think the Sun was about two hours high, the Will was read over in the hearing of Socrates Brooks and in my hearing by Thomas Brooks after I arrived and before it was executed – I believe that Socrates Brooks asked for his spectacles and the were handed to him and he put on his spectacles and then took the Will and looked at it, perhaps five minutes though I think a little less than five minutes – A part of the Will was written after I got to the house of Socrates Brooks by Thomas Brooks and Socrates Brooks directed Thomas Brooks what to write – I recollect that Socrates Brooks in his direction to Thomas Brooks mentioned something about the Elijah Brooks place and also something about twenty years and Thomas Brooks wrote it as Socrates Brooks directed him and then he read it over to Socrates after that – I staid at the house of Socrates Brooks during the night of the ninth day of July 1841 and watched with and helped take care of him. Socrates Brooks was able to sit up and walk about the room some on the ninth day of July last. Socrates Brooks got up and walked a few feet and sat in a chair perhaps five minutes – Socrates Brooks did not converse much after the Will was executed, but he converse considerable before the Will was executed – He awoke once in the night and said he was cold and wanted more clothes – I did not hear him complain of any pain and he did not appear to be exercised with any pain during that night – The principal conversation with Socrates Brooks previous to making his will on the ninth day of July last was the subject of his health. He said his health was bad and he saw no signs of its being better and said he had employed Doctor Harvey Harris, and that Doctor Harris would come and say that he thought he was getting better and would go away again without giving him anything, and Socrates Brooks said he thought he was running down all the time and he had employed Blinn Harris and I said I was pleased to hear that Blinn Harris thought he could cure him and Socrates Brooks replied and said he had no hopes that Blinn Harris could cure him –
"the council for the heirs object to the inquiry made of this witness as to whether the testator Socrates Brooks was at the time he executed the will of sound mind and memory and understanding"
And I over ruled the objection
I had known Socrates Brooks for several years prior to his death and I had frequently conversed with him and heard him converse with other persons and I did not discover that his mind was impaired during the time I was present on the day and night of the ninth day of July last , that his mind was impaired in the least, and I did not witness any such thing, and I believe that he executed his will freely and voluntarily .
/s/Elijah G. Dimmick
Subscribed and Sworn this 28’th day of September 1841
Before one: Samuel McKoon, Surrogate
The said Elijah G. Dimmick on his Cross-examination says:
I am the son of Joseph Dimmick. The will produced this day and shown to me was executed in the Evening of the ninth day of July last, and perhaps it was as late as 11 or 12 o’clock when it was signed I remember I went with Thomas Brooks to the house of Thomas Brooks in the evening after seals I did not get to the house of Socrates Brooks till in the evening of the 9’th day of July – I was witness to a will made by Socrates Brooks in June 1841 and the instrument in writing now shown to me is not the same I witnessed in June 1841 – Something was said by Socrates Brooks on the 9’th day of July about burning the will which was made in June and I think that will was destroyed – I heard the will that was executed in June read to Socrates Brooks and I and I heard this one read to him also and Socrates Brooks directed this one to be placed upon his deeds – Thomas Brooks wrote same on the 9’th day of July after I got to the house of Socrates Brooks and whilst Socrates Brooks was lying on the Bed and he commenced writing what he did write that time at about nine O’clock in the evening and I think he wrote the words underlined on the first page viz "If she lives over twenty years then during her life" I saw Socrates Brooks execute both the will and codicil – Thomas Brooks asked Socrates Brooks if that was his last will and testament and Socrates Brooks answered and said yes – I do not recollect that Socrates Brooks requested me or said anything to me in particular about my being a witness to his will – I had no conversation with Socrates Brooks after I got to his house on the 9’th day of July last respecting his will but I heard Socrates Brooks say to Thomas Brooks something about the 20 years and directed him to make an alteration about the 20 years – Socrates Brooks was in his bed when he made the observation about making the alterations relative to the 20 years – Mrs. Brooks was up and about the house some part of the time during the evening – when Socrates Brooks told Thomas Brooks to alter the will about the twenty years – I do not recollect the words he used but he told him to alter it as he did – I was talking with Socrates Brooks and Thomas Brooks brought in the will or produced it and Socrates Brooks directed Thomas Brooks to make the alteration – I think in the first place Socrates Brooks told Thomas Brooks he had better bring forward or get or produce the will or something to that effect, and after that Socrates Brooks directed Thomas to make an alteration about the twenty years but I do not recollect the words he used – Thomas Brooks read over this will after I went to Thomas Brooks house after the seals. I did not hear Socrates Brooks complain that night that he did not know what he was about and that there was visions constantly passing before him – I do not recollect of seeing Socrates Brooks but once after the latter part of last winter before the fore part of June but I know I did see him several times. There was no reason why the will was executed so late in the night – I went about 20 Rods after the seals – during the evening of the ninth day of July, Thomas Brooks said to me he had read a letter written to Roswell Brooks in which a slander was spoken of to which he had been misrepresented and Thomas Brooks and myself were conversing about it and Socrates Brooks then repeated a phrase in the letter and said the phrase was he wished he might go to Hell or to Texas – for either place was to good for him and said also that it was represented in the letter that which was written by a married man that he the author of the letter living in discord with his wife and then Socrates Brooks preceded to say "When a man loses confidence in his wife so that he cannot live peaceably with her there Is not much comfort to be taken in this world" – I do not now recollect any other remarks made by Socrates Brooks that night . It appeared to worry Socrates Brooks to converse and we did not therefore converse with him but little. If I had not seen the interlineations in the will that day and since it was executed I should have been able to state what directions Socrates Brooks gave to Thomas Brooks in relation to the alteration , only the alteration was to be made about the 20 years
/s/Elijah G. Dimmick
Subscribed and sworn this 28"th day of September
1841 before me Samuel McKoon Surrogate
The said Elijah G. Dimmick on his redirect examination says – "I was twenty two years of age on the 25’th day of June last, and when in my direct examination I spoke of going to the house of Socrates Brooks – two hours before sunset, I alluded to the time I went there in June to witness the first will"
/s/Elijah G. Dimmick
Subscribed and sworn this 28"th day of September
1841 before me Samuel McKoon Surrogate
(THOMAS BROOKS DEPOSITION CLERK INDEXING #24-#48)
Thomas Brooks of the town of Plymouth, in the County of Chenango, one of the subscribing witnesses to an instrument in writing which purports to be the Last Will and Testament of Socrates Brooks late of the said town of Plymouth, now deceased, being duly sworn deposes and says -- I was well acquainted with Socrates Brooks of the town of Plymouth, now deceased, in his lifetime and that I saw the said Socrates Brooks execute both the Will and the Codicil now produced in Court and shown to be bearing date the 9’th day of July 1941 and I heard the Socrates Brooks declare the same to be his Last Will & Testament and that I set my name thereto as a subscribing witness at the same time at the request of the said Socrates Brooks in his presence and in the presence of Elijah G. Dimmick the other subscribing witness to said instrument in writing who also set his name thereto as a subscribing witness at the same time at the request of said Socrates Brooks and in his presence and in my presence and that Socrates Brooks was over 21 years of age at the time of the execution thereof and I believe the same was freely and voluntarily executed by him – Socrates Brooks spoke to me about writing his will and I wrote the instrument now produced in Court as and for his Last Will and Testament of and after the same had been written I read over the same in the hearing of the said Socrates Brooks and Socrates Brooks requested me to alter one provision in the will and I altered it accordingly by interlining the words "and if she lives over twenty years then during her life" – Socrates Brooks requested me to get someone to be a witness to his will and I procured Elijah G. Dimmick. The wife of Socrates Brooks was present when Socrates Brooks told me how he wanted this will written and she said he ought to make some provisions for the younger children and I think Socrates Brooks concurred in a manner – and I do not remember of any disagreement between Socrates Brooks and his wife respecting this will only his wife came into the room once while I was writing it and Socrates Brooks said to her – Socrates Brooks was giving me directions how to write it and she spoke something about it and Socrates Brooks told his wife he could do his own business and his wife said nothing more , and I wrote the will according to his directions
the will the same way the directions were given and it was executed the same evening viz. 9’th day of July 1841 – In giving me directions respecting his will he seemed to be regular and self possessed and he appeared to be in possession of his mind and faculties as well as he ever was and when I read it over to him I thought he understood it and I handed it to him to look over and he put on his spectacles and looked over it perhaps a minute or more and looked only on the first page in which I had just made the alteration agreeable to his suggestion – Socrates Brooks said to me, you must see to dating it for I cannot attend to that -- at the time the will was executed I did not see but his memory was good for he remembered what he had told me about writing the will and he said I had written it as he had directed me to do with the exception of the alteration I made – At the time Socrates Brooks executed this will and Codicil I discovered nothing but his remark about the date which did not appear properly regular and seemed to understand what it was about – I had read over the will to him before he made the remark about the date and I think he had signed it and lain down on the bed again before he spoke about the date – Socrates Brooks was sitting up in a chair when he wrote his name to the Will and Codicil, unassisted by any person. He got up out of his bed alone and walked to the chair before he wrote his name to the Will or Codicil – At the time the Will and Codicil were executed I discovered nothing but what he executed them freely and voluntarily and at the time he gave me directions in the morning how to write his will , I heard nor saw anything but what he gave the directions , freely and voluntarily except the remark I have before spoken of . I never heard Mrs. Brooks say anything to her husband concerning the provisions of his will excepting she advised him to make provisions for the minor children and she wished Lucy to have the household furniture and these remarks were made by Mrs. Brooks before the first will was made in June last.
/s/Thomas Brooks
Subscribed and sworn this 28"th day of September
1841 before me Samuel McKoon Surrogate
The said Thomas Brooks on his cross examination saith – Socrates Brooks was my uncle and I have always lived in his immediate neighborhood. The first conversation I had with him about drawing his will was the fore part of last June and the reason he gave me why he wanted a will drawn, was that he did not expect to live long and I have never heard him importuned to make a will, but I have heard his wife talk to him about how it should be made. Socrates Brooks executed two wills within two months last summer – I was at the house of Socrates Brooks considerable part of the time after he was taken sick until after the last will was executed and I went away soon after the 9’th day of July last During the time I was there I heard his wife talk some to him about how his will should be made. I did not hear Socrates Brooks express any reluctance to making a will – The conversation of Socrates Brooks after the death of his child was not as it was before, he talked more on the subject of religion after the death of his child and I don’t know as it was different in any other aspect – He did not talk much with me except upon the subject of religion and meetings after the death of his child and not a great deal on that subject. I don’t think his conduct toward his family after the death of his child was as it was before the death of his child – Socrates Brooks had a brother and a sister living near him during this period, and another brother a part of the time and the brothers and sisters have been warmly attached to each other – and Socrates Brooks has always been particularly attached to his sister and after he was taken sick he had some difficulty with his sister – His sister had some notes that had his name to them and she went down to get them renewed the next day after the will was executed and she said to him that she wanted him to renew them, that she was not in a haste for her pay but she wanted them to be secure and some were outlawed – She showed him the notes and asked him if that was his handwriting and he said nothing for sometime and then replied he should neither admit nor deny. She then said the notes were given for lent money and he ought to pay them and he called her a damned old curse and ordered her to go out doors – I never heard any difficulty between him and his sister before nor heard of any difficulty of any moment before – This was on the 10’th day of July 1841 and the same day my uncle Socrates Brooks was baptized as I understood but I was not present at his baptism. I remarked to my uncle Socrates Brooks that I thought he ought to be just before he was liberal and he said he did not like my talk – On the eight day of July last, I think it was, Socrates Brooks told me he had visions pass before his eyes but he did not tell me what kind of visions or what affect they had upon his mind and I don’t recollect that I ever heard him say anything about his absence of mind – Before the death of his child he used to instruct me and his own children in Arithmetic and other branches, but after the death of his child he ceased as far as I was concerned and I did not see him instruct his family as before and he appeared gloomy and I do not think he spoke of the older children of his own family with as much affection as he used to do – The child he lost was about a year old and I think I have heard him say he should be happy to be with his child that was dead – I think he never lost any other child but the one that died in the latter part of last winter – Before Socrates Brooks made his first will in June when his wife told him he ought to make some provisions for his youngest children and give Lucy his household furniture – I do not recollect that Socrates Brooks made any reply – The reason assigned by Mrs. Brooks why her husband ought to make some provisions for the minor children was that the minor children were deficient in Education. I am eighteen years of age in my nineteenth year and I am the person alluded to in the Codicil to the Will to divide the property between George, Jesse and Lucy – Socrates Brooks remarked that he was fearful there might be some litigation respecting the division of the use devised to George, Jesse and Lucy and I suggested to him that he might appoint someone to decide the matter between them and he directed me to draw the Codicil to his will – Before there was nothing said about the 20 years and in the morning of the 9’th day of July he said nothing to me about the clause contained in the interlineations – The first will was burnt up the night the last one was executed. I burnt it at the request of Socrates Brooks – The first will was placed in the possession of Mrs. Brooks and was produced by her on the 9’th day of July. I drew a will for him a few days before the ninth of July and it was not executed because Socrates Brooks wanted some little alterations made and said I had better draw another – I do not recollect what alteration he wanted – this Counsel opposed to the proof of the will improper to show by the proof of this witness that Mrs. Brooks has expressed the opinion that her husband was insane which was objected to and the objection abstained and the evidence taken under the objection -- I have heard Mrs. Brooks say "I have always said he, meaning Socrates Brooks, was not in his right mind at the time he was sick" and she said this on the 11’th day of September instant – The will executed on the ninth day of July was very similar to the one I drew up a few days before but which was not executed and I cannot state in what particulars it varies from the unexecuted one I had previously drawn.
/s/Thomas Brooks
Subscribed and sworn this 28"th day of September
1841 before me Samuel McKoon Surrogate
The said Thomas Brooks on his redirect examination says I am now engaged in the study of law in the office of George M. Smith and George M. Smith is one of the Counsel employed to break this will – On the eleventh day of September instant, Mrs. Brooks asked me what I should swear to and I made her no answer and she said nothing that I recollect about this will on that day either or to whether it was good and valid or not – Anson Mead came unto Socrates Brooks house on the 10’th day of July a short time after I and my aunt Clarissa Brooks went into the house and my aunt did not go out of the house when Socrates Brooks told her to go – There was nothing said by my Aunt Clarissa respecting the notes further, 10’th day of July, only at one time and the conversation did not last over five or ten minutes – and Aunt Clarissa was in the house about 15 minutes.
/s/Thomas Brooks
Subscribed and sworn this 28"th day of September 1841
before me Samuel McKoon Surrogate
(SETH SEXTON DEPOSITION CLERK INDEXING #49-#50)
Seth Sexton of Plymouth in Chenango County farmer aged 64 years being duly sworn deposes and says I was well acquainted with Socrates Brooks deceased in his life time and I saw him but once after he was confined to his house and that was eight or nine days before his death – I was at his house only ten or fifteen minutes and I asked him if he had a very severe cough and he said he coughed a great deal but was not in much pain, & I talked but little with him as I was fearful he might become irritated by talking and would consequently cough. From what I discovered during the time I was in the house I did not perceive his mind was impaired. I am not a physician.
/s/Seth Sexton
Subscribed and sworn this 28"th day of September
1841 before me Samuel McKoon Surrogate
Court adjourned to the 29’th day of September 1841 at 8: o clock AM at the place aforesaid –
(LEVI BROOKS DEPOSITION CLERK INDEXING #51-#68)
Levi Brooks of Plymouth in Chenango County, farmer aged 56 years being duly sworn for said Executrix says I was well acquainted with Socrates Brooks in his life time and I saw him frequently after he was confined to his house in his last sickness and for the last week of his life say from the fore part of July to the time of his death I was at his house as often as once or twice in each week and I conversed with him at some of the visits I made and I watched with him twice – I saw him the fifth or sixth day of July last and conversed with him about the Sabbath School Celebration of the County of Chenango which was held at Norwich on the fifth day of July and I gave him some account of the celebration and he said it must have been a pleasing sight and he should have felt happy if it had been so that he could have been there. I conversed with him for several minutes at that time and I was probably with him for thirty minutes at that time and I think we conversed upon other subjects besides the Sabbath School Celebration at that time but I am not able to state the other subjects we conversed upon as I had so many visits with him that I cannot distinguish them from each other -- I was at the house of Socrates Brooks the day he was baptized and I was with him half a day at that time and Ephraim Brooks and the wife of Ephraim Brooks and the wife of Mr. Lovee, Darius Adams and his wife Stephen Y. Hammond and his wife and Elder Backus a Methodist Clergyman were present on the day he was baptized – Elder Backus was then stationed at Norwich and I understand he is now stationed at Sherburn – I heard Socrates Brooks converse that day with several persons and in the afternoon of that day Socrates Brooks was received into the Methodist Church – The articles of faith were read over separately by Elder Backus. Socrates Brooks said he believed some of the articles and as to the others he said he believed them as far as he understood them. I saw Socrates Brooks probably twice a week after that during the time he lived and he died about the twelfth of August I think and I conversed with him at the several times I saw him afterwards more or less on several different subjects and he spoke of his friendship sometimes – I helped get hay for him one day – I did not discover that his mind was impaired on the week of the fifth of July last and I saw no difference in his mental faculties from what they formerly were – I heard him make one remark that appeared to me childish which I think was on the third or fourth of August he inquired where Casius his son younger than Roswell was and he was told that Casius was coming in now and he remarked that he felt as much dependant on him as a child did on a parent and that is the remark that appeared childish to me – I do not recollect of hearing say anything else but what he seemed to speak understandingly or formally – I occasionally conversed with him on religious subjects and he once spoke to me of his sons Roswell and Casius and I think this was before he was baptized and he commenced the conversation by saying he had had some trouble with his family and I asked him what trouble and he said they had been contrary and had afflicted him the week before and he said he had requested Roswell to find him another place to stay away from coming there but said his coming in to stay there produced difficulty with his smaller boys and said Roswell ordered them about and he said further that he thought Roswell had not made a wise use of what he had helped him and he did not know as it would do good to help him – he said Casius had been as good as need be after the week that he had been affected by his boys –
/s/ Levi Brooks
Subscribed and sworn this 29"th day of September
1841 before me Samuel McKoon Surrogate
The said Levi Brooks on his cross examination says I am a cousin of Socrates Brooks deceased and during his sickness he wanted to sell me one of his cattle that he had talked of selling to me before he was taken sick – He said he wanted to sell some creature to raise money to pay borrowing money to Loren Johnson. On two occasions when Elder Barkus was reading the articles of faith Socrates Brooks said that he believed them as far as he understood them – It was remarked by Elder Barkus on the day that he was baptized that he had been propounded six months and his six months had expired and Elder Barkus then asked him if he wished to become a member and he said he did and I noticed that he qualified his assent to the two articles because it was out of the usual course, in the society to which I belong, for in my society the minister reads over the articles and the candidate assents – I belong to the Presbyterian church as far as my knowledge extends, I believe it is customary for the candidate to become acquainted with the discipline and articles of faith previous to making a public profession and joining a church __ From all I saw and heard – I saw nothing but his recollection was natural. I discovered no weakness of mind or childishness but the circumstances I have mentioned – I did not generally converse with him over five or six minutes at time and I never mistrusted he was insane – I known of no influence Mrs. Brooks exerted over her husband relative to the three older boys and I know of no hard feelings she had towards them previous to his last sickness but I have heard her say they did not do as they ought and since the death of Socrates Brooks there has been unfriendly feelings between Mrs. Brooks and the three older boys but I do not know the origin of these feelings – As far as my knowledge extends Cassius Brooks has treated his father kindly and as far as I know he has been a faithful and dutiful son – I never conversed with Socrates Brooks for the purpose of ascertaining whether he was insane because I never mistrusted he was insane. I think the feelings of Mrs. Brooks towards the older boys are not as my mothers feelings are toward me and have not been since the first of August. I have heard Mrs. Brooks say the older boys did not behave right as well before the death of Socrates Brooks or since his death
/s/ Levi Brooks
Subscribed and sworn this 29"th day of September
1841 before me Samuel McKoon Surrogate
The said Levi Brooks on his redirect examination says John Brooks son of Socrates Brooks for years previous to his fathers death has been in the habit of drinking considerably and Roswell Brooks has been absent from home most of the time for three years past and has been teaching school and studying medicine and Roswell Brooks is 24 years old
/s/ Levi Brooks
Subscribed and sworn this 29"th day of September
1841 before me Samuel McKoon Surrogate
The said Levi Brooks on his re-cross examination says John Brooks is 27 or 28 years old and has been a drinking man and I have seen him once or twice when he had been drinking more than a man ought to drink. John Brooks lived with my brother till he was 21 and as I understood was bound out to my brother and John was to have one hundred dollars when he was twenty one and I have heard Socrates Brooks say John turned in the one hundred dollars towards the lot of land Socrates Brooks bought of Clytus Brooks. I heard Socrates Brooks say he was going to draw some corn from Germans where John lived but how much or what condition I do not know This was after John was 21 years old
/s/ Levi Brooks
Subscribed and sworn this 29"th day of September
1841 before me Samuel McKoon Surrogate
(ASAHEL STEWARD JR. DEPOSITION CLERK INDEXING #69-#74)
Asahel Steward, Jr. of Plymouth in Chenango County farmer aged 42 years being duly sworn deposes and says I have been acquainted with Socrates Brooks for twenty years and saw him often. I saw him after he was confined to his house and could not get out – I saw him on Friday I think after the 4’th day of July last. I had been at Norwich Village and on my return I called to see him and I asked him if he was in much pain and he said not but he had a considerable cough. I asked him how long it had been since he had given up work and he said from three to five weeks – I asked how he was first taken if violent and he said no he began to feel weak and grew weaker and he had to give up working – Something was said about the dry weather and he asked me how grass was in the section where I lived. I told I feared I should not have a good crop of hay and he said as near as he could find out he was going to be short for hay but he had not been out for several weeks. He said he saw they were carrying off the wool considerably and he said he saw it going by and he asked me if I knew how wool was going and what price they were giving. I told him I did not know much about it and I told him the price I understood some of the neighbors had got and Mrs. Buel got – I spoke of going and he asked me if I saw uncle Ephraim’s folks (meaning Ephraim Brooks folks) often and I told him I did, and he said he wished I would tell him to call and see him for he did not feel as if he should stand it long and he should like to see Uncle Ephraim – While I was in the house of Socrates Brooks that day John Brooks came in and said he had done those potatoes and his father Socrates Brooks said to John you have done enough you need not do any more. The sun was one or two hours high at that time – I think I was with Socrates Brooks at that time half an hour and I had frequently conversed with him before and I did not think that his mind was as good as usual and I did not think of any difference in his mind and the idea of his mind being impaired did not enter my thoughts – My brother Silas Steward came into the house of Socrates Brooks after I had been there perhaps 20 minutes – when I was going away Socrates Brooks asked me to call and see him again and said the time seemed long to him and he liked to have his friends call – While I was there he walked across a room perhaps ten feet and looked out of a window
/s/ Asahel Steward Jr.
Subscribed and sworn this 29"th day of September
1841 before me Samuel McKoon Surrogate
(JOHN MILLER JR. DEPOSITION CLERK INDEXING #75-#78)
John Miller, Jr. of Plymouth in Chenango County farmer aged 67 years being duly sworn deposes and says I was well acquainted with Socrates Brooks in his life time and I saw him three or four times in the course of his last illness – The first time I saw him was about May. The next time I saw him was before the fifth of July and I saw him on the 5’th of July on my return from the celebration at Norwich and I saw him once the fore part of August – The fifth of July I staid but a few minutes with him I asked him how he did and he said he was failing and medicine had no good effect – I conversed with him on the fifth of July between 15 and 20 minutes and I saw no alteration in the faculties of his mind but his conversation was more on the subject of religion than it formerly had been – I think I conversed upon the subject of Religion at every time I called on him and he seemed to be sensible that he must go and he impressed that if it was his lot to go he meant to be resigned – He sent for me about a week previous to the first of August and I went down about the first of August and at that time I had but little conversation with him. I went to the bed and shook hands with him and he said I am glad to see you but I cannot talk much with you today – I asked him if he was in much pain at that time and I think he said he had some pain by spells and his wife told me the reason why he could not converse and that was he had had company and had been conversing and medicine had been given to him which made him stupid – He appeared to be in a drowse when I went in – when he awoke and spoke he appeared rational –
/s/ John Miller Jr.
Subscribed and sworn this 29"th day of September
1841 before me Samuel McKoon Surrogate
The said John Miller Jr. on his cross examination say Lucy Brooks, niece of Socrates Brooks went into the house of Socrates Brooks with me on the fifth day of July. The idea of his being insane did not enter my mind on the fifth day of July and I made no examination with the view of determining whether he was of sound mind or not. I reside about four miles from the house of Socrates Brooks and I have been interately? acquainted with Socrates Brooks for thirty years.
/s/ John Miller Jr.
Subscribed and sworn this 29"th day of September
1841 before me Samuel McKoon Surrogate
(JOSEPH DIMMICK DEPOSITION CLERK INDEXING #79-#85)
Joseph Dimmick of Plymouth in Chenango County farmer aged 68 years being duly sworn deposes and says I live about one mile from the residence of Socrates Brooks deceased and I have been well acquainted with him for thirty years and I have been in the habit of seeing him and conversing with him frequently doing that time and after he was confined to his house in his last sickness I was at his house three times – The first time I visited him in his last sickness was about the time my son Elijah G. Dimmick went to witness his will July last and I recollect I had commenced haying at the time – My impression was that it was after the ninth day of July last someday and it was on Sunday and I think it may be the first Sunday after my son went down to witness the will – I was at his house that time about three hours and conversed with Socrates Brooks about his health and he said he had a heavy pain in his breast or side and he seemed to be in a situation so that he could not converse a great deal and my memory is short and I cannot remember our conversation – It fatigued him to talk – At one time and I think it was this time he observed that things were neglected on the farm and I advised making a bee and told him I would help – The second time I visited him was two or three weeks after I visited him the first time and I staid with him two hours at the second visit and Doctor Blinn Harris was there the second time – He had evidently failed since I saw him before – Mrs. Brooks said it had gone abroad that they had turned the boys out doors but she would tell how it was and said Roswell swore so bitterly or so bad that they had advised him to find a different home and said that John would come and decoy away the little children and get them away from their work and Socrates Brooks said they had received more benefit from Casius than all the rest of the boys. Before Socrates Brooks was taken sick he had talked of having a burying ground on my land and I had not given a deed nor had he paid for it – In June the latter part he paid me in wool for the balance due the burying ground – He let me have one pound of wool more than sufficient to pay for it and I paid back change. I was going to hand the change to the boys and Mrs. Brooks said hand it to me and I did so and Casius handed me a few cents afterwards to make the change even – At the bee I waited till the second table and I sat and talked with Socrates whilst others were eating but I cannot state what our conversation was. I did not discover any difference in his mind from what it formerly was and perceived no deficiency in his mind – in any of the conversations I had with him.
/s/ Joseph Dimmick
Subscribed and sworn this 29"th day of September
1841 before me Samuel McKoon Surrogate
The said Joseph Dimmick in his cross examination says I never mistrusted that Socrates Brooks was insane up to the time of my last visit and I never heard that he was insane previous to my last visit.
/s/ Joseph Dimmick
Subscribed and sworn this 29"th day of September
1841 before me Samuel McKoon Surrogate
(JOHN CADUGAN DEPOSITION CLERK INDEXING #86-#88)
John Cadugan of Plymouth in Chenango County farmer aged about 63 years being duly sworn deposes and says I saw Socrates Brooks once during his last illness about the middle of July last. I called there with another man and I asked him how he did and he said no better, He asked me how my health was and if my family were well and asked me if I had been to the village and I told him I had and he asked me what the doing was at the village and I told him nothing new that I knew of – I then asked him if he took any medicine and he said he did not and I think that was about all the conversation I had with him – Hiram Johnson was with me and Hiram Johnson told Socrates Brooks that his Johnson’s grandmother had given two sheep to Jesse Brooks his son and two sheep to the son of Hiram Johnson and Socrates Brooks asked what kind of sheep they were and which they were and Johnson said Jesse can have which two he pleases out of the four and Socrates Brooks said he would send his boys up after them – We were in the Brooks house perhaps a half an hour. I have known Socrates Brooks five or six years – I did not discover any thing in his manner nor from his conversation that his mind was different from what it usually had been
/s/ John Cadugan
Subscribed and sworn this 29"th day of September
1841 before me Samuel McKoon Surrogate
The said John Cadugan on his cross examination says I did not mistrust that Socrates Brooks was insane and did not therefore examine for the purpose of determining whether he was sane or not – Socrates Brooks inquired of Hiram Johnson simply whether Johnson’s grandmother had designated any two sheep for Jesse and which ones they was.
/s/ John Cadugan
Subscribed and sworn this 29"th day of September
1841 before me Samuel McKoon Surrogate
(DARIUS ADAMS DEPOSITION CLERK INDEXING #89-#99)
Darius Adams of Plymouth in Chenango County farmer aged 67 years being duly sworn deposes and says I live about three quarters of a mile from the residence of the late Socrates Brooks deceased and I have been well acquainted with Socrates Brooks for 23 years and have lived in the town with him nearly 40 years – I saw him from once to three or four times a week after he was confined to his house in his last sickness – The first time I saw him in the month of July that I now recollect was on Sunday the 4’th day of July and my wife was then with me – I called on him that day and staid two or three hours and during the time I was there I conversed some with him principally relating to his health and the subject of Religion – The fifth day of July I saw him also on my return from the Sunday School invocation and conversed with him on the subject of the celebration – He remarked that he should have liked to have been there and thought it must have been a pleasing sight – Socrates Brooks had previously gotten me to take a wagon wheel to Norwich to be repaired and I called on the fifth day of July to see if it was repaired and I mentioned to him that the wheel was not done and he made no reply except that he should like to get it brought when it was done – On that day he requested me and my wife to come down on Saturday of that week for he was going to be baptized on Saturday and I went there again on Saturday the tenth day of July last and I heard him converse some and I saw him baptized – I belong to the Methodist Society and the articles in the discipline which are usually read over on the baptism of adults were read over to Mr. Brooks – When any person joins the church on trial he is furnished with a Book of Discipline – which contains the general doctrines of the church and when the Candidate is received in the church he is asked if he believes in the doctrine and discipline of the Methodist Church and is willing to take it as a rule and that question was put to Socrates Brooks and he answered and said he did as far as he understood it and it is very common to answer in that way – If the Candidate has not been baptized certain articles are read over which contain the general doctrines of the Christian faith and they were read over to Mr. Brooks one by one and he answered them and I have an impression that I have heard the articles or some one of them answered as Mr. Levi Brooks said Socrates Brooks answered two of them but I don’t recollect that Socrates Brooks answered them as Levi Brooks said he did and it is not common to answer them in that way – I was at Socrates Brooks as often as once a week after he was baptized as long as he lived and I was at the bee for getting in hay but was not in the house only at noon – I conversed with Socrates Brooks about his health and his hay and Socrates Brooks said he would want a team to get in hay in the afternoon and he had but one horse there and the other one was away somewhere – I told him the boys had gone to Thomas Brooks after cattle and he said he thought that would not be team enough and asked me if he could have one of my horses – I told him I thought the cattle would draw it all, but if we wanted any more team I would furnish a horse – In June toward the latter part he spoke to me about buying some cattle a yoke of yearling steers and a yoke of two year old steers and said he had borrowed ten dollars of Loren Johnson for Roswell and he ought to have his pay – I told him at the time I would look at the cattle and tell him what I would give him and the fore part of July I told him I was afraid I should not have hay enough and concluded not to buy and he said he had sold the yearlings once to Horace Brooks and Horace’s father in law would not let him bring them upon his place and said Horace was to give eleven dollars for them – I think I told him I concluded not to buy between the tenth and middle of July. In all the conversations I had with him he appeared to be in the possession of his right mind and of his usual faculties
/s/ Darius Adams
Subscribed and sworn this 29"th day of September
1841 before me Samuel McKoon Surrogate
The said Darius Adams on his cross examination says I believe I did not know that Socrates Brooks was going to baptized until he mentioned it to me on the fifth day of July last – On Sunday the fourth day of July last Socrates Brooks said he meant to live the life of a Christian and hoped his faith would hold out and said he wanted the prayers of Christians and I had previously asked him the state of his mind but I cannot say that he made those remarks in direct answer to my question but he made those remarks in the course of our conversation – I recollect there was considerable conversation on the fourth but I cannot state what that conversation was – I remember he said that Doctor Blinn Harris had commenced doctoring him and that he was doctoring him with syrup and he had considerable confidence in curing him but Socrates Brooks said he himself had no confidence in being cured – I conversed with Mr. Brooks some – I did not mistrust that he was then deranged and I never talked with him for the purpose of seeing whether he was deranged or not – All the conversation I have had with Socrates Brooks since he was taken sick were carried on by me in my ordinary tone of voice . I have an account against Socrates Brooks on book and I don’t know as we have settled on our books but we have talked over our
I never talked with him during his last sickness respecting the state of our accounts.
/s/ Darius Adams
Subscribed & sworn the 29th day of
September 1841 Before me
Samuel McKoon Surrogate
(JAMES THOMPSON DEPOSITION CLERK INDEXING #100-#106)
James Thompson of Norwich Chenango County, being duly sworn deposes and says. I am a licensed Physician and am 43 years of age and I was acquainted with Socrates Brooks for about seven years previous to his death and I saw him twice during his last illness. The first time I saw him at his house was the latter part of June last & I there conversed with him principally on the subject of his health & he then told me Blinn Harris was attending him as a physician & said Blinn Harris thought he could cure him & that Doct. Harvey Harris had attended him. He said Blinn Harris thought he was getting along but he thought he was not and he asked me to look at the medicine which Blinn Harris was giving him & he said Blinn Harris was giving him iodine. I was present when Socrates Brooks was baptized on the 10th day of July. He had the consumption as I supposed and he appeared to be in the possession of his mental faculties. And his consumption was upon the lungs and such a disease does not naturally produce an aberration of the intellect and it is very seldom that a man is made insane by the consumption until perhaps in the last stages of it. As his disease was on the tenth day of July I should not think it would produce an aberration of mind. I was at his house an hour or more on the tenth day of July. And on the tenth of July I discovered no difference in his mental capacity from what it had previously been. Iodine is an article I probably should not give to a man who was situated as Mr. Brooks was if he was subject to aberration of mind.
/s/ James Thompson
Subscribed & sworn this 29th day of
September 1841 Before me
Samuel McKoon Surrogate
The said James Thompson on his cross examination says. I had not in July last heard that Socrates Brooks was subject to aberration of intellect. Iodine is not a very recent medicine. It is used a good deal now by the profession. It is used in scrofulous affections of the glands & c. I think a tincture of iodine would be too stimulating to a person subject to aberration of intellect. And I would not give it to a person subject to aberration of intellect unless I believed it would help the disease more than it would injure the brain. In looking at Mr. Brooks, I thought he was enjoying a good deal of strength of mind and body for a man who was so near his dissolution as he was. And at that time I did not mistrust he was deranged and I did not question him for the purpose of ascertaining whether he was sane or not. I do not think consumption is a preventive from insanity but I do not think a person with a consumption is as liable to insanity as if free from the disease because he is less liable to inflammation on the brain and other exciting causes. I think moral causes, such as loss of friends and the like would be apt to produce insanity in weak and consumptive men sooner than in strong and healthy ones.
I do not now recollect of ever knowing a consumptive person to become insane. I was well acquainted with Socrates Brooks, but was never his family physician.
/s/ James Thompson
Subscribed & sworn this 29th
Day of September
1841 Before me Samuel McKoon Surrogate
(HENRY D. KENDALL DEPOSITION CLERK INDEXING #107-#112)
Henry D. Kendall of Norwich in Chenango County being duly sworn says I am a physician & surgeon and was acquainted with Socrates Brooks and was employed as a physician in his family & attended upon the child that died and I also attended him till about the first of June last when I went west and was absent for some time & returned about the time of his death. Socrates Brooks had consumption on the lungs & whilst I attended him I did not discover any injurious effects his disease produced on his mental faculties. As far as my observation extends (to) consumptions like that of Socrates Brooks are not likely to have a tendency to produce aberration of mind. I would not give iodine to a patient subject to aberrations of mind. In cases where there was inflammatory action but I would not think in a case of slow chronic inflammation. that such inflammation would be incompatible with its use provided I wish to give it for some other purpose. Iodine is given in Scrofulous diseases and it is considered most beneficial in Scrofulous diseases. A tincture of iodine is when iodine is dissolved in alcohol, a solution when it is dissolved in water and a given quantity of the solution is weaker than the same quantity of the tincture. Mr. Brooks consumption was not such as would be likely to induce an aberration of the mind. As a general rule the faculties are generally more clear in Consumption than in other diseases.
/s/ Henry D. Kendall
Subscribed & Sworn this 29th day of
September 1841 Before me
Samuel McKoon Surrogate
The said Henry D. Kendall on his cross examination says. I believe I did not use the stethoscope on Mr. Brooks but I believed I examined his chest with the ear in May. I was of the opinion he had consumption from his appearance. I cannot say what I ascertained with the examination I made with the ear. There is a disease, called Scrofulous Consumption by some persons, and that may be either of the throat or lungs. I have never said a tincture or solution of Iodine in a case of consumption internally but for frequently externally. If a patient was out of his head in the common phrase I might wish to use iodine for some other purpose. I never visited Socrates Brooks after his confinement. There are cases where patients linger along for considerable lengths of time & where they have hectic fever the patient is very often out of his head for a few minutes. Sometimes they continue two or three weeks in the cases I have had. A person weak from any disease would be more likely to derangement than a person in health. I went most with the opinion that Mr. Brooks had consumption of the lungs. I last saw the deceased at Plaisterville, a mile or more from his home. Insanity is sometimes hereditary.
/s/ Henry D. Kendall
The said Henry D. Kendall on his re-direct-examination says. I did not discover that Socrates Brooks’ constitution was Scrofulous. Persons who linger along for a great length of time are apt to have hectic fever. To persons of a scrofulous constitution you may give iodine where they are about in order to produce a change but not in cases of inflammatory action & iodine is used internally & externally in cases of consumption in the absence of any acute inflammation
/s/ Henry D. Kendall
Subscribed I& sworn this
29th day of September 1841 Before me
Samuel McKoon Surrogate
(LUCY BROOKS DEPOSITION CLERK INDEXING #113-#128)
Lucy Brooks of the town of Plymouth in the county of Chenango being duly sworn deposes and says. I was well acquainted with Socrates Brooks, deceased, in his life time. He was my uncle and I saw him six times during his last illness. I saw him near the middle of June first nearly all the forenoon at his house but I did not talk much with him on that day. I hear him talk some on that day respecting his health. I next saw him on the 5th day of July, perhaps half an hour in the afternoon & John Miller, Jr., & Solomon Brown were with me and I heard him talk some with John Miller, Jr., and Solomon Brown at that time & he talked most with John Miller, Jr.. I next saw him about the middle of July when I was at his house all one afternoon at which time Horace Brooks & his wife were with me. Socrates Brooks then conversed upon the subject of his health & the troubles he had in his family. He said there had been a report that he had turned his 2 oldest sons out of doors & he said he never had turned them out of doors. He said his oldest son enticed the younger boys from their work & said he had forbid it and upon a repetition of it he said if it could not be put a stop to he would prosecute him. As to his second son, Roswell, he had used very harsh and abusive language to his mother in his presence, & said they were almost entirely destitute of provision & entirely of wood & his wife had all the wood to pick up herself & that Roswell was about home a great part of the time & he had requested him to help her & that Roswell swore he would not do one chore great or small for his mother; that he had requested Roswell to find some employment to maintain himself for the present & that Roswell swore he would leave the house & would not come into it again unless he was sent for & he Socrates Brooks then observed to Roswell. that is about consistent as the rest of your talk & he said to Roswell he wished him to come home every week & if he was sick to come there for care. He said such conduct on the part of a child was extremely trying to him & he sincerely prayed that the sin might not be laid to Roswell’s charge. Soon after that he said if his three older sons should have his property there would not be one cent of it left in one year. He talked about his situation & said he thought he should not recover and that he felt measurably resigned. He talked some on Religious subjects & said he did not enjoy his mind as he wished to, but he felt a degree of peace of mind at this time. He spoke to my brother Horace & told him he wished he would sell a gray mare for him as wished to get money to pay his debts. I next saw him the 31st day of July. I then went to his house about one o’clock in the afternoon & staid till nearly night the next day and I watched with him that night. I heard him converse very freely at this time. He said the fences on his farm were out of repair. In the morning of the first day of August one of the children came in & said cattle had been in his grain & he seemed very anxious that his crops should be secured & said to me perhaps I should think it strange that he should take so much interest in his worldly affairs as he was so soon to leave them but, said he, I consider my wife and little children will want something to eat when I am gone. He spoke in particular of the pain he had taken with his garden in the Spring & said as he had been so feeble it would not probably amount to much as he had not been able to attend to it through the summer. During the night of July 31st whilst I was watching with him he conversed considerably on religious subjects & said he thought he should never recover his health & I asked him if he felt anxious to recover and he said he felt to say "Father not my will but thine be done." He said he had felt that it was his choice to recover but if it was the Lord’s will to take him now he felt to say amen to it. He urged me very hard to come & spend a few days with him & said his wife had so much to attend to in her household affairs that she could not take the necessary care of him. He conversed of the death of a child he had lost in January before & said he had felt very unreconciled to it but thought he had done very wrong in feeling as he had, for it was the hand dealing of the Lord and it was all right. The next day he did not converse as much as he did the night before, but he talked some the next day on the subject (of) religion. I am a member of the Methodist Church. I next saw him I believe on the eighth day of August when I was there about one hour. I went there at about two o’clock in the afternoon with Henry Freeman & Esther Freeman & went away with them. At this time I heard him converse but very little. He then requested me to come & spend a short time with him. But his lungs were so affected that he was not able to converse much. I saw him on the eleventh day of August & he died the 12th day of August. On the eleventh he conversed some. He said he thought the time of his dissolution was very near and in the evening of the eleventh he was very much distressed in body and he remarked that he hoped his God would stand by him that night and that God would be a guide & guard to all he should leave behind, & especially to his wife & children. I asked him if he did not think the struggle was almost over & he answered that he thought he had a great deal to suffer yet, but his trust was in the Lord. His wife & myself were alone in the room with him & he asked us who was to watch him that night & we told him Anson Mead & Benjamin Sisson. About daylight on the 12th day of August he requested his son Cassius to go to his brother Thomas’ house & ask his friends to come in. I had seen Socrates Brooks a number of times after the death of his child & before he was taken sick and I had always been in the habit of seeing him often and of conversing with him and in all these conversations I think he was in the full possession of his mental faculties and whenever said anything that led me to suspect that his mind was affected or deranged.
/s/ Lucy Brooks
Subscribed & sworn this 30th day of
September 1841 Before me.
Samuel McKoon Surrogate
The said Lucy Brooks on her cross examination says I am about 19 years old & I have been a member of the Methodist Church about six years. I am a daughter of Clytus Brooks & I understand that Doctor Thompson is a member of the Methodist church. Seth Sexton & Levi Brooks, Anson Mead, John Cadugan & Joseph Dimmick are not members of the Methodist Church and Darius Adams, Asabel Stewart, John Miller, Jr., are members of the Methodist Church. Anson Mead is a Baptist, John Cadugan is a Baptist, Levi Brooks is a Presbyterian & Seth Sexton is a Presbyterian & Thomas Brooks & Joseph Dimmick are not members of any church & I have heard it said that Doctor Kendall belongs to the Episcopal Church. In all my intercourse with Socrates Brooks I never discovered nor mistrusted but what his mind was perfectly sound & never discovered a circumstance of that kind. I never heard him make any remarks that he did not know what he was about half the time. The conversation I have spoken of as having taken place about the middle of July principally took place at one time. There were conversations at different times on the night of the 31stof July. Socrates Brooks did not sleep much during the night of July 31st. At one time when I was conversing with him he was somewhat drowsy but at no other time & the time he was drowsy was in the afternoon of the 31st day of July & he then said the medicine he was taking made him somewhat drowsy. He did not say what effect the death of his child had upon his mind. Previous to the death of his child Socrates Brooks had not paid much attention to the subject of Religion but immediately after the death of his child he turned his attention to the subject of Religion & during the first two days after the child’s death he talked on Religious subjects.
/s/ Lucy Brooks
Subscribed & sworn this 30th day of
September 1841 Before me
Samuel Mckoon Surrogate
(PHEBE CAHOON DEPOSITION CLERK INDEXING #129-#136)
Phebe Cahoon of the town of Norwich in Chenango County aged about 34 years being duly sworn says. I was partially acquainted with Socrates Brooks in his life time. I had seen him a great many times within eight or ten years past but never had much conversation with him till the past year. I saw him during his illness twice. I saw him the last week in June. I was at his house about five hours at that time. He said he did not then go out but that he was out the Sunday before. He spoke of his farm & said he did not think he should ever be able to take care of it again & said he wanted to let it out & spoke of letting it (ONE LINE IS MISSING HERE) needed a great deal of repair & that the fences were poor and one reason why it was so bad was he had been trying to get his debts paid and thought he should have time then to fix up the fences &make some repairs. He said his house wanted repairing and that if my father took the farm he should have to repair a room in the house for my father to live in. He said if he should not live he did not know what would become of his wife & children & he did not know how they could get along. He said he did not know how Roswell would get along in getting of his profession for he could not help him any more very soon if he should get well. And if he did not get well he thought he could not help him any more at all. He said he did not know as it would be best to make a bargain with my father to take the place then. And it might be better to wait till another spring. I do not recollect that he spoke upon the subject of religion that time & I do not think I can relate all that he did say. My father & mother were then with me & father asked him if he had grass to let out & Mr. Brooks said he thought he should have no more than he should want for his own use. I was at Socrates Brooks house in August the Sunday before his death not more than two hours. He did not converse much at that time. He said his mouth was sore & he spoke of his sore mouth as being the last stages of the disease. In these conversations he appeared to be in the possession of his mind & faculties {Some time in July last and after the fourth some time & I think within the two weeks after the 4th day of July last at Doctor Thompson’s in Norwich Village, I asked Roswell Brooks about his father’s health & he said his father failed. I asked him if he thought his father was sensible of it & he said he thought he was. I made the remark that I supposed his disease was not that which would affect his senses or something of that import & he said he thought his mind was regular enough & he did not think his disease affected his senses or something of that import and he said his state of mind was regular enough.} The evidence between the brackets was taken subject to exception taken by the counsel for the heirs, objection being sustained by me
/s/ Phebe Cahoon
Subscribed & sworn this 30th day of
September 1841 Before me
Samuel McKoon Surrogate
The said Phebe Cahoon on her cross examination says I am not a member of the Methodist Church. At the time I had these conversations with SocratesBrooks, I had not the least suspicion he was deranged & the idea did not occur to me that he was insane. I have one brother that has been insane for 15 years & I have helped take care of him a great deal. I cannot tell what day of the week it was that I had the conversation with Roswell Brooks. I was serving at Doct. Thompson’s in the dining room & Roswell Brooks boarded there & the conversation was in the dining room & I do not recollect that any person was present. Roswell had been home a day or two before this conversation. I had a sister who was sick a long time & was insane & I have helped take care of other sick persons who were insane & I suppose I could detect insanity quicker than a person who had never seen an insane person.
/s/ Phebe Cahoon
Subscribed & sworn this 30th day of
September 1841 Before me
Samuel McKoon Surrogate
(FREDERICK J. BROOKINS DEPOSITION CLERK INDEXING #137-#146)
Frederick J. Brookins of Norwich in Chenango County, blacksmith aged about 38 years being duly sworn deposes & says. I was well acquainted with Socrates Brooks deceased & I saw him twice during his last illness. I first saw him the 18th day of July last & the second time on the 25th day of July. On the 18th day of July I got there about 9 or 10 o’clock in the forenoon & I left between 11 & 12 o’clock. And about 11, I heard him converse & I conversed with him. I asked him about his health & I said to him you are very low & he said very. Doctor Blinn Harris was there when I went in, I told Mr. Brooks I understood on the way that he wished some of his friends to come in & have a meeting there & I told him I did not start for that purpose & I asked him if it was his wish to have a meeting & he said it was, but as the doctor was there, he thought it would not be proper to say anything about it till he went away. I told him I was well acquainted with the Doctor & I thought it best to speak with him. (ONE LINE IS MISSING) speak to him & I spoke to the doctor and he said it would not hurt him at all in his situation if there was not to much excitement raised. Mr. Brooks said he was glad I had spoken to him & was glad that the doctor was willing there should be a meeting there, for he did not believe it would hurt him. The doctor staid there about half an hour and after that Mr. Brooks was removed into another room. He then said he was ready & proposed to them to go on with a prayer meeting. And they had a prayer meeting there that forenoon. After the prayer meeting was over, which lasted perhaps half an hour, Mr. Brooks talked upon the subject of religion. Near the close of the meeting Socrates Brooks rose & sat up in his bed and spoke four or five minutes. I had mentioned in the meeting that I was glad to see the change in Mr. Brooks for he once used to work on Sunday & had told me once that he did not think one day was better than another & when he sat up in bed, he said he did not remember saying so but it was probably so and he spoke of his past life & his present hopes. After the close of the meeting Mr. Brooks called me to his bed and asked me when it was that he had told me one day was as good as another & I told him when it was and he said he could not remember it but said he thought it probably I was right about it. And he then remarked that he did not think that Sunday was better than any other day. I told him I did not think anybody ought to work on Sunday and he made no reply to that remark. We had other conversation on the subject of religion. He said he felt willing to do what God required of him and felt resigned to his will. During the time I was there Mr. Brooks stood up & walked from one room to another. Mr. Jones assisted him. He appeared to be in the possession of his usual mind & faculties at this time. I staid after the meeting had closed & the people had dispersed. At the second time I was there I heard him converse also and his mind was regular then as it had ever been.
/s/ Frederick J. Brooking
Subscribed & sworn this 30th day
Of September 1841 Before me
Samuel McKoon Surrogate.
The said Frederick J. Brookins on his cross examination says I am connected with the Methodist Class. I had often talked with Mr. Brooks on the subject of religion in years past & had heard him say that one day was as good as another but once that I now recollect and that was 8 or 9 years ago. In the conversation after the prayer meeting, Mr. Brooks said in substance that if there was any work necessary to be done he did not think there was any harm in doing it on Sunday. In neither of the conversations I had with Mr. Brooks was he drowsy. He got to sleep the last time I was there but not when I was talking with him & he did not appear drowsy during the whole of my visit. I think I waked him up the first time he got to sleep & he appeared a little wild when he awoke. I spoke to him and waked him up and he opened his eyes & I spoke to him two or 3 times before he answered me. And he then appeared rational. He said a word or two which appeared unnatural but what they were I do not recollect but as soon as he was fairly awake he talked as rational as he ever did. I took a book and read a spell to myself and he fell asleep again, and after a time awoke of himself and then appeared a little wild as a person does who is weak and as I have myself when I first waked up. He said nothing when he awoke the second time but made a motion with his hands as if feeling for something. I conversed with him after he awoke the second time & he conversed rationally as before. There was nothing in his appearance after he woke up either time but what is commonly seen in persons who are weak and are waked up.
/s/ Frederick J. Brooking
Subscribed & sworn this 30th day
Of September 1841 Before me
Samuel McKoon Surrogate
(EZRA FRINK DEPOSITION CLERK INDEXING #147-#150)
Ezra Frink of Norwich in Chenango County farmer aged about 35 years being duly sworn deposes and says I was well acquainted with Socrates Brooks & saw him twice in his last sickness. First I saw him the 12th or 13th day of July & conversed with him. I went to take some grass to cut on shares & I asked him how he did and he said he was very feeble & was running down hill. I asked him if he had grass to let and he said he had not & he should not have hay enough to supply his stock & he had more stock than he could keep & wanted I should take pains if I saw a drover to send one there to buy some of his stock & said he had some young stock & a gray mare he wanted to sell & he wanted to know if I would not hire out a week to him to see to his haying & said if I would he would give me a dollar a day. I asked him how he felt in his mind & he said he felt very much renewed in his mind & said he thought it would be well with him hereafter if he should be called away. In this conversation he appeared to possess his mind and capacity as fully as he ever did though he was weak in body. The second time I saw him was on the 18th day of July at the prayer meeting at his house and I did not see but he was as sensible as any man would be in the state of health he was in. And had the thought he understood what he was about as well as he ever did.
/s/ X Ezra Frink (his mark)
Subscribed and sworn this 30th day of
September 1841 Before me
Samuel McKoon Surrogate
The said Ezra Frink on his cross examination says Mr. Brooks said on the 12th or 13th day of July that he had an early calf or a yearling of that sucking a cow & he wanted I should see a butcher & have him come up & buy him & I saw such a calf sucking a cow near his barn in a pasture and he spoke of it as his own calf & cow. And he appeared to be perfectly rational at that time and as rational as he did at any time that I saw him. I thought it was a yearling & I think of a brown colour, but I won’t be sure.
I belong to the Methodist Church
/s/ X Ezra Frink
Subscribed & sworn this 30th day
Of September 1841 Before me
Samuel McKoon Surrogate
(LORENZO ADAMS DEPOSITION CLERK INDEXING #151-#153)
Lorenzo Adams of Plymouth in Chenango County Farmer aged about 36 years being duly sworn deposes & says. I live about three quarters of a mile from the residence of the late Socrates Brooks & I was well acquainted with him & I saw him frequently during his sickness sometimes two or three times a week and some weeks I think likely not at all & I conversed with him when I called generally. Twice when I called I did not converse with him, I supposed him to be capable mentally of transacting business as well as he ever was. I was at the bee for getting in his hay & heard him converse with Mr. Jones, deacon Brooks & others. & when we came up at night he asked how they got along. They stated to him how much hay was got up & how much was mowed & not got up. He remarked that such & such places would include half of the meadow & he had other conversation at noon and at night with different Persons who were at the bee.
/s/ Lorenzo Adams
Subscribed & sworn this 30th day
Of September 1841 Before me
Samuel McKoon Surrogate
The said Lorenzo Adams on his cross examination says I belong to the Methodist Church. I never thought Socrates Brooks was insane, but when I was conversing with him about the 16th or 17th day of July I thought as to whether he was deranged or not and the cause of my thinking of it was a remark made by Cassius Brooks and I had but little conversation with him at that time, and that was concerning a proposition he had made to me the day before and in relation to the fulfillment of it.
/s/ Lorenzo Adams
Subscribed & won this 30th day
Of September 1841 Before me
Samuel McKoon Surrogate
(BURTON GORHAM DEPOSITION CLERK INDEXING #154-#155)
Burton Gorham of Norwich in Chenango County aged about 41 years being duly sworn says. I was acquainted with Socrates Brooks & have known him five years. I was at the house of Socrates Brooks the fore part of the week in which Brooks was baptized in July last with Elder Backus & I heard him converse with Elder Backus principally on the subject of religion. They conversed upon the state of his mind and upon the subject of his being baptized and he appeared to converse in a sensible & rational manner & I discovered nothing that led one to suspect any thing to the contrary but what he had his usual mind. I belong to the Methodist Church.
/s/ Burton Gorham
Subscribed and sworn this 30th
Day of September 1841 Before me
Samuel McKoon Surrogate
(EPHRAIM BROOKS DEPOSITION CLERK INDEXING #156-#162)
Ephraim Brooks of the town of Plymouth in Chenango County aged 75 years being duly sworn deposes and says. I was intimately acquainted with Socrates Brooks deceased for 30 years and I cultivated a farm of Socrates Brooks for the seven last years of his life and I saw him 4 times during his last illness. I first saw him after his confinement about the first day of July & the week previous to his being baptized. I was then with him about half a day. I went to see him in consequence of his sending for me, and we talked over our business respecting the farm and we made an arrangement about the crops. He told me I must not let any of the crops go unless to his wife or on her written orders the caring of the children of his mind & he did not expect to live a great while and he did not feel exactly as he wanted to about it, but he must submit to it & we conversed considerably upon religious topics. I asked him if he felt willing to die & he said he did not exactly. He spoke to his wife and told her to get that paper & let Uncle Ephraim read it, and she went to a desk or drawer or chest and handed a paper to me & when she handed it to me Socrates Brooks remarked that he had been making his will and said he should alter it. I read it over & he told how he should alter it. & said he should give his wife the occupancy of the whole of his property after his debts were paid for twenty years. I was there about a week afterwards on the day he was baptized, but I did not stay till he was baptized. I talked with him on that day & I was there about half a day at that time. I got there about 10 o’clock in the forenoon on the day he was Baptized. There was nothing said about the Will but he told me he was going to be baptized. In about a week after that I went to see him again and got there about 10 o’clock and left toward night perhaps the sun was two hours high when I left. I had not a great deal of conversation with him on that day. He asked his wife to go and get that paper and she got it and handed it to him and he asked me if I had any convenient place to keep it and I told him I had a trunk and a lock & key to it and no one but my wife and myself went to it and he said I could read it after I got home & he handed it to me and I kept it till after his decease when I delivered it to the Executrix named therein and the paper now produced and shown to me is the same delivered to my by Socrates Brooks who said to me at or about the time he delivered it to me it was his will and requested me to keep it. He never expressed to me any dissatisfaction with this will. He appeared to me at the time he delivered me the will in the full possession of his faculties of mind. I saw him once about ten days before he died & I had but a little conversation with him there and in all the conversations I had with him I considered him in the possession of his mental faculties. At the time Socrates Brooks handed me this will he said he had altered it as I told you I should. The paper shown me now is not the one shown to me on the first of July. I live about five & a half miles from Socrates Brooks’ former residence and am a member of the Free Will Baptist Church.
/s/ Ephraim Brooks
Subscribed & sworn this 30th day of
September 1841 Before me
Samuel McKoon Surrogate
(ZADOC ADAMS DEPOSITION CLERK INDEXING #163-#166)
Zadoc Adams of Plymouth in Chenango County farmer aged sixty one years being duly sworn deposes and says . . I was well acquainted with Socrates Brooks and have known him nearly 40 years and I saw him twice during his last illness. The first time about the middle of July when I conversed with him—I & my sons went to his house together and we had been drawing lumber to the river & he asked me if we had any shingles. I told him I had not but one of my sons had. He said he wanted to get some shingles to cover a part of his house that looked very bad and then he turned to my son Jefferson and asked him if he had any that he would let him have & he said he had, and then Mr. Brooks asked him if he would let him have some shingles and take his pay in something off from his farm. My son told him he had some but he wanted the money for them & Mr. Brooks said he was not able to pay money. He was not making money & said he meant to have been up there and got some before he was taken down so sick and they did not agree upon the shingles. I then asked him if he was in pain & he said a dull heavy pain in his side and when he coughed it hurt him very bad. In our conversation he said he had a syrup which he had been using for 24 hours & he told me the ingredients of which it was composed and thought it made him feel easier. I told him after a while I did not know but I should hurt him talking so much with him and he said he had seen me go by several times and had felt hurt to think I did not call and see him & he asked me why I worked so hard drawing lumber & said if he lived to get well he would not labour as he had done & he wished me to take some time and come & make him a visit for he wanted to talk with me sometime and we had a good deal of conversation. I was there nearly an hour & we conversed most of the time. In this conversation I did not discover but his mind was as strong as it ever was. I saw him the Sunday before he died but did not converse with. There had been a good deal of company there that day. I am a member of the Methodist Church.
/s/ Zadoc Adams
Subscribed & sworn this 30th day of September
1861
Before me. Samuel McKoon Surrogate
(HORACE A. BROOKS DEPOSITION CLERK INDEXING #167-#176)
Oct.1.1841
Horace A. Brooks of Plymouth in the County of Chenango aged 22 years being duly sworn and says. I am a brother of Lucy Brooks and I was well acquainted with Socrates Brooks who was my uncle & I saw him five or six times in the course of his last illness. I think I saw him about the 12th of July and Monday of the week after he was Baptized. I then called with my sister Lucy and I was there during the whole time my sister was & I heard him converse considerably during that time & he was at that time in my opinion in the full possession of his mental faculties & I saw him at about a fortnight afterward & staid with him about two hours & I heard him converse during that time & I saw him several times after that & had conversation with him more or less when I saw him & at those several times he appeared perfectly rational & I did not see or hear any thing to induce me to suspect that he was in any manner deranged & I the idea of his being deranged never occurred to me. At two different times he spoke of what he had done for Roswell. He said he had let him have between two and three hundred dollars to help him along in his studies & he said it should do no good to help him for if Roswell had all his property he would spend it all in three years and I think I heard him make that or a similar remark as much as three times – The first time I visited him I heard him speak of what he had helped Roswell to & I cannot specify at what other times I heard him speak of Roswell – The first time I visited him he spoke of Roswell’s spending the property if he had it. I know he spoke of it at the other times but I cannot specifiy at which times –When Lucy & I were there we were not both together in his room all the time. We were both often out occasionally. I heard Socrates Brooks say he had bought notes to the amount of one hundred Dollars against John since John had come of age and he had helped John some this last Spring five or six dollars & I think he said he had helped John this last spring at the first visit & Socrates Brooks said if either of his three older boys had his property they would spend it all in five years. This was at the first visit about the 12th of July last. Socrates Brooks said to Clarissa Brooks came there and demanded a renewal of the notes she held against him and he discovered she was in a violent possesion and he did not feel disposed to make her much reply. That she used very abusive language both to him & his wife. That she told him perhaps he had better turn her out doors as he had his own children. That he told her he should not turn her out doors but if she could not use better language he did not care how quick she left the house. It was at the first time I visited him that he told this – He mentioned some particular words which Clarissa made use of & said she told his wife she lied like Hell.
/s/ H. A. Brooks
Subscribed & sworn this first day of
October 1841 before me. Samuel McKoon, Surrogate
The said Horace A. Brooks on his cross examination Says . I cannot say whether my sister was present when Socrates Brooks spoke of helping Roswell & I think she was present when he said he would spend the property in three years and that his older boys would spend it in five years – I did not hear him say they would spend it in one year – John Brooks dug a cellar for my father when he was 21 years old and Socrates Brooks had the pay for it seven or eight dollars – I have heard Socrates Brooks say he had corn & potatoes of John – I think John Brooks let my father have a hog and my father’s family, said it was for Uncle Socrates –
/s/ H. A. Brooks
Subscribed and sworn this first day of
October 1841 Before me
Samuel McKoon Surrogate
The said Horace A. Brooks on his redirect examination says . I heard Socrates Brooks say he told John Brooks if he would stay his time out with Selah Brooks he should have the hundred dollars and if he did not stay his time out he should not have it & that John did not stay his time out into two months and he Socrates Brooks took the money – Socrates Brooks told me that the past spring before he was taken sick and I don’t recollect that he said any thing more about the hundred dollars. He said he had offered to buy John a small place & let him have the use of it to induce him to be steady and John had often promised reformation. He told me this early last spring & said he had frequently offered it – I belong to the Methodist Church –
/s/ H. A. Brooks
Subscribed & sworn this first day
Of October 1841 Before me
Samuel McKoon Surrogate
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