The Lunacy Trial of Samuel Cornett

Transcribed by Dann M. Norton, 25 Jan, 2015.

                In 1861, Mary (Cornett) Gilliam of Henry County, Missouri, sued her sister Nancy (Cornett) Norvell and Nancy’s heirs to acquire half of her father’s estate.  The suit, filed in Scott County, Virginia, unequivocally states that Mary and Nancy were daughters of Samuel Cornett and Mary Benham, and further, the suit confirms that Mary and Nancy were the only children born to Samuel Cornett and Mary Benham.

                Samuel Cornett married Mary Benham (also spelled Bennan on the marriage record) on 18 May, 1791, in Washington County, Virginia.  (Washington County is the parent county of Russell and Scott Counties.)  A copy of the marriage record is included in the chancery file on page 55 of the digital copy at the Library of Virginia website.

                Samuel abandoned Mary Benham and her daughters, moving to Kentucky with Mary “Polly” Davidson.  No marriage record is extant for this second relationship, and the lunacy trial documents refer to Davidson as his concubine, and all of her children as illegitimate.  Four other children are expressly named or referred to in the trial: sons William and Samuel, who received deeds from their father prompting an injunction by Nancy Norvell on 22 February, 1847, in Perry County, Kentucky.  A son Hiram is also named, and a daughter whose sons are named Ingram.  This daughter would be Elizabeth “Betty” Cornett Ingram.  (In some genealogies, Betty is given the maiden name Ison, but the death record of her daughter, Sarah Ingram Akeman, confirms the Cornett last name.)

                What follows is the transcription of about 20 pages of handwritten copies from the Perry County, Kentucky court; pages which were sent to Scott County for the case in Virginia.  The page numbers refer to the digital copy viewed online at the website for the Library of Virginia, Virginia Memory Project: Chancery Court Index. http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=169-1861-012. See this link for the entire chancery file.

Page 66

State of Kentucky

Perry Circuit Sct

[    ] before William B. Kinkead Judge of the Perry Circuit Court on Tuesday the 27th Day of March 1849

Nancy Norvel etc Complainants

Against  }  on a petition in Chy

Samuel Carnitt Sr, etc Defendants

                Be it Remembered that heretofore to wit on the 22nd day of February 1847, the complainant aforesaid filed by their attorney in the Clerk of Perry Circuit Court their Bill in chancery against the said defendants in the following words and figures to wit

                To the Honorable Judge of the Perry Circuit Court in Chancery now sitting your humble petitioners, Thomas C Norvel and his wife Nancy who was Nancy Carnitt the daughter of Samuel Carnitt that the said Carnitt has a Large personal and Real Estate in this County to wit 5 Slaves named Ester Nancy Maryan Harrison and Daniel and one tract of land and articles of personal property all of the Value of $5,000 they would further Represent unto your honor that their said father had by their mother two children Nancy and Polly who intermarried with Joshua Gillium they he had been living in a state of fornication with a concubine by whom he is supposed to have several children they state said illegitimate children is using all their influence and power which in his deterated  intellect is considerable to get his property out of his hands and make it their own they state said concubines Children treats him inhumanly and through farce and fraud can induce him (Page 67) to succumb to their will they further state he is now near 90 years of age and is and has been for about 8 years past wholly incapable of managing his estate owing to this inability of mind in truth he has been for that Length of time Labouring under insanity that Disqualified him to attend to business that he is the dupe of all designing persons who may attempt to get his property they state he has Really Conveyed to William Cornitt an illegitimate son all of his property Said Conveyance was made during the time of his insane condition they state his Estates in great danger of being squandered and reduced from debility to parts beyond the Reach and Control of himself and those entitled to it or his devise and beyond the jurisdiction of your honourable court unless Restrained by the timely interposition of your honor they Charge that their Said father being to his extreme old age and a disease under which he is and has been laboring for years past is Rendered wholly incompetent manage his property and affairs with ordinary prudence in fact his mind has so fair sunk under age and disease as to Reduce him to a second State of childhood or lunacy and he stands with his property exposed to all the Villy acts of cunning and fraud of designing men.  They therefore pray Your honor to take Cognizance of their humble petition and grant them a write in the nature of a write of lunacy to inquire into the State of mind of their said father and that a committee be appointed to take charge of and preserve the person and property of said Samuel Carnitt they pray for an injunction Restraining the Sale or removal of said property until Said inquest can be held and that (Page 68) William Carnitt the illegitimate son aforesaid and Samuel Carnitt another illegitimate son who has recently got possession of part of his property and all other persons who may have the possession of said property or any part thereof be injoined and Restrained from Removing Selling or otherwise disposing of the property he purchases or pretended to purchase of said Samuel Carnitt since his unsoundness of mind aforesaid.

                They ask for all general and special Relief and such proceedings in the premises as is consistent with the power of your honorable court in the premises he prays for a spa to issue against said Samuel Carnitt and William Carnitt and that they answer this petition according to the Rules of the Court in Such cause and as in duty they will ever pray etc  Harris & Burris

The following is the Judge’s order on the bill to wit

                On hearing the application of the petitioners upon petition affidavits and oral testimony it is ordered that the clerk of the Perry Circuit Court issue a Spa against Said Samuel Carnitt and his supposed illegitimate Sons William Carnitt and Samuel Carnitt with an Injunction Restraining them or Either of them from Selling Removing or otherwise disposing of said property until the further order of this court the sheriff is directed and ordered to take the Slaves into his possession and deliver them unto the hands of Robert S. Brashers who is appointed Committee of said Carnitt’s property until the further order of this court But said Sheriff is directed to permit said Slaves to Remain in possession of said defendants on their Executing bond to the Commonwealth of Kentucky in the penalty of $5,000 Conditioned to have said property forthcoming (Page 69) to answer the order of this Court the Clerk is directed to Issue writ in the nature of a writ of lunacy to inquire into the state of mind of Said Samuel Carnitt returnable to the first Day of the next term of said Perry Circuit court

Given under my hand this 7th day of October 1846

                                                                                W.B.Kinkead  Judge of the 19th  Judicial District

State of Kentucky

                                                                Perry Circuit Sct

I Jesse Combs Clerk of the court for the Circuit Aforesaid Certify that the foregoing is A Complete copy of the petition and Judges order on the same in the suit herein mentioned, In testimony whereof I have hereunto set my hand and cause the seal of Said Court to affixed At hazard this 7th Day of March 1855

                                                Jesse Combs, Clerk of the

                                                Perry Circuit Court

Perry Circuit  Sct

The fee for the forgoing copy and seal is $1.23 ½

State of Kentucky, county of Perry, to wit,

 I Green Adams Judge of the Circuit court for the County of Perry in the State of Kentucky and the only judge thereof, do certify that Jessee Combs who has given the preceding certificate, is and was at the date thereon, clerk of the said court, and that his said attestation is in due form.

                Given under my hand this 29th day of June 1855

                                                                Green Adams

                                                                Judge 12th District KY

Honl. Green Adams will please make the foregoing certificate and forward to me, at Jonesville, Lee County, Virginia.                                                                Saml. V. Fulkerson

                31st May ‘55

Page 70  Back of document

Norvel

v.} copy of Bill etc

S.Carnitt

1855 Amt filed                   S.H.Morison, DC

Page 71—Here begins about 20 pages of a copy of a suit from Perry County, Kentucky

State of Kentucky

                                                Perry Circuit Sct  [    ] before William B. Kinkead Judge of the Perry Circuit Court at the Court House in Hazard on the 27th Day of March 1849

Thomas C. Norvell and Nancy his wife etc. Complainants

Against } in Chancery

Samuel Carnitt and William Carnitt etc Defendants

                Be it Remembered that heretofore to wit on the 22nd Day of February 1847 the said complainants filed their Bill in Chancery against the said Defendants which bill is in the following words and figures to wit—

                To the Honorable Judge of the Perry Circuit court in Chancery now Sitting your Humble petitioner, Thomas C. Norvell and his wife Nancy who was Nancy Carnitt the Daughter of Samuel Carnitt that the said Carnitt has a large personal and Real Estate in this county to wit 5 Slaves named Easter Nancy Maryan Harrison and Daniel and one tract of Land and various articles of personal property all of the Value of $5,000.  They would further represent unto your honor that their said father had by their mother two children to wit your petitioner Nancy and Polly who intermarried with Joshua Gillim.  They state he had been living in a state of fornication with a Concubine by whom he is supposed to have several children.  They state said illegitimate Children is using all their influence and power which in his [deter?] intellect is considerable to git property out of his hands and make their own.  They state said Concubines Children treats him inhumanely and through farce and fraud can induce him (Page 72) to succeed to their will. They further state is now about 90 years of age and is and has been for about 8 years past wholly incapable of managing his Estate owing to his inability of mind in [which] he has been for that length of time laboring under insanity that Disqualifies him to attend to Business that he is the Dupe of all Desyning persons who may attempt to git his property. They state he has Really Conveyed to William Carnitt an illegitimate son all of his property since conveyance was made during the term of his insane condition.  They state his Estate is in great danger of being squandered and

[ransomed]

fraudulently to parts beyond the Reach and Control of himself and those entitled to it in his Decease and beyond the Jurisdiction of your Honorable Court unless restrained by the timely interposition of your honor. They charge that their said father being to his extreme old age and a disease under which he is and has been laboring for years past is rendered wholly incompetent to manage his property and affairs with ordinary presence in fact his mind has so far [sunk] under age and disease as to Render him to a second state of childhood or Lunacy and he stands with his property exposed to all the Vily acts of Cunning and fraud of designing men.  They therefore pray your honor to take Cognizance of their (Page 73) Humble petitioner and grant them a writ in the Nature of a writ of Lunacy to inquire into the State of the mind of their said Father and that a committee be appointed to take Charge of and preserve the person and property of said Samuel Carnitt. They pray for an Injunction Restraining the sale or [removal] of said property until said inquest can be held and William Carnitt the illegitimate son of [the] said and Samuel Carnitt an other illegitimate son who has recently got possession of part of his property an all other persons who may have taken possession of said property or any part of by enjoined and Restrained from [Re?] Selling or other wise disposing of the property he purchased or pretended to purchase of said Samuel Carnitt Since his unsoundness of mind aforesaid. They ask for all general and special relief and such proceedings in the [pr?] as is consistent with the powers of your Honorable Court in the premises he prays for A Spa. to issue against Said Samuel Cornitt and William Cornitt and that they answer this petition according to the rules of the Court for such causes and [     ] duty they will [ever] pray etc

                                                                                                                Harris & Burns

Page 74

The following is the affidavit of General R.S.Brashears and Captain James Hogg filed in this Cause which Reads as follows to wit

Commonwealth of Kentucky

                Letcher County to wit

                General R.S. Brashears maketh oath that he is acquainted with Samuel Carnitt of Perry County and is Very concerned for [blotted] Several years he has been unable [   ] from the [  ] of a disposing mind to transact his affairs and that has no doubt lives now in the same situation sworn to 8th Oct 1846 [   ]

                John Maggard JP LC

Captain James Hogg concurs with General Brashears fully sworn to the same this 8th Oct 1846.

                John Maggard JP LC

The following is the Judge’s order which is the following words and figures to wit

On hearing that the Application of the petitioner, upon petition Affidavit, and oral testimony  it is ordered that the Clerk of the Perry Circuit Court issue a Spa against Said Samuel Carnitt and his supposed illegitimate sons William Carnitt and Samuel Carnitt with an Injunction Restraining them or either of them from selling  removing or otherwise disposing of said property until the further order of this Court.  (Page 75)  The Sheriff is Directed and ordered to take the Slaves in to his possession and Deliver them unto the hands of Robert S. Brashears who is appointed trustee of said Carnitt’s property until the further order of this Court but said Sheriff is Directed to permit said Slaves to Remain in the possession of said defendants as their Executing Bond to the Commonwealth of Kentucky the penalty of $5,000.

                Conditioned to have said property forth coming to answer the order of this Court the clerk is directed to issue a writ the virtue of a writ of Lunacy to inquire into the state of the mind of said Samuel Cornitt Returnable to the first day of the next term of said Perry Circuit Court given under my hand the 7th of October 1846.  W.B.Newhall, Judge of the 19th Judicial Circuit.

And upon the forgoing Bill the following writ of Inquiry do issue to wit.

                The Commonwealth of Kentucky to the Sheriff of Perry County Greeting

We command you to summon twelve good and lawful men of your Bailiwick to diligently inquire into the state of mind of Samuel Carnitt Sr. of your county whether he be  from his birth children to be a Lunatic by which the custody of his lands and tenements ought to be [L–?] to [upon] whether by misfortune or otherwise he afterwards fell into such (Page 76) Infirmity by Reason whereof Such Custody ought not to be [   ] to as if by misfortune or otherwise thereby what misfortune and how and in what manner and what age he was and of whom his Lands and tenements are and directly held and by what services and who now holds them and how much are they worth by the year and unto Receiving the profits thereof and send the inquisition thereof Distinctly and openly made to us in our Said Perry Circuit Court in Chancery at the Courthouse in the town of Hazard on the first Day of the next March term 1847. Under your hands and seals together with this writ Witness Jesse Combs Clerk of our Said court at office this 12th day of March 1847, and in the 55th year of the Commonwealth.

                                                                                                                Jesse Combs Clk

And upon the foregoing writ the Sheriff made the following Return to wit

Executed on Samuel Carnitt March the 16th Day of 1847.

                Z. Morgan D S for J. Morgan SPC

                And at a Circuit Court held for the County and Circuit aforesaid at the Courthouse in the town of Hazard on Saturday the 27the Day of March 1847 the following order was made to wit—

This day came the parties aforesaid by their attorneys and the defendant by his Attorney filed his answer and by consent of the parties this cause was submitted to a Jury Wherefore came a Jury to wit Wilson Baker Justice Boling Abraham Eversole Edward Little Jeremiah L. Combs Jr. Levi Pennington Terry H. Milton Shadrick Stacy James Williams Wesley Combs William Hoskins and Hiram Begley who being Elected tried and sworn upon their oaths do say We the Jury Empowered Returned and Sworn and Charged to inquire into the state of mind of Samuel Carnitt we find that the said S. Carnitt is of unsound mind and that he hath been so the last five years past that his [    ] unsoundness of mind was occatianed by his Extreme old age Connected with bodily infirmity We further find Said Carnitt is a resident and Citizen of Perry county and hath been for 12 years past We do further find that Said Samuel Carnitt owns a Large Real and personal Estate consisting of Slaves, lands, etc and that being to his unsoundness of mind he is unable to manage the same with ordinary prudence  Given under our hands and seals Wilson Baker <seal> Justice Boling <seal> Abraham Eversole <seal> Edward Little <seal> Levi Pennington <seal> Terry H. Milton <seal> (Page 78) Shadrick Stacy <seal> James Williams <seal> William Hoskins <seal> Hiram Begley <seal> Wesely Combs <seal> Jeremiah L. Combs <seal>

                The following is the answer of Samuel Carnitt filed in the cause which answer Reads as follows to wit

                The separate answer of Samuel Cornitt Snr to a petition in the Perry circuit against him and others by Nancy and Thomas C. Norvell  This Respondent returning the many Errors in the petition for a [blotted] thereto and to the very many false Representatives he sais unto this Respondent being a Lunatic or of Feeble mind now or during the whole period of time alleged he sais Every word is untrue and facts he admits he is an old man and feeble in Body his age is near about 73 or 74 years, but as to his mind During his life to this time he was and is capable of transacting his own business.  It is true he did Execute a Deed to his son William the consideration was for natural Love to his son and the further consideration that the grantee would maintain this Respondent.  He disavows the Complainant Nancy as his Daughter (Page 79) In a short time after this Respondent married with his first wife she was [Burned] which was the cause of his [crossed out] Abandoning his former wife.  He then upwards of 30 years since emigrated as one of the pioneers to Kentucky his former wife intermarried with another man.  He raised by his last wife his present children two of whom are his co-defendants and who helped him toil to increase his little property whom the petitioners now seeks to take his property given him and the [inquire] of his own will and mind he states that the petitioner Nancy has been Repeatedly harassing your Respondent for A Bill of Sale of his property on visits from Va where he supposes she is now Domicilled and this Respondent entirely refused to do so Now this complainant with others, finding no such bill of sale could be obtained [ blotted out] have undertaken by their petition and the will of the Law to direct the property from William Carnitt and from your Respondent. He denies that his Children should be called illegitimate and he denies that they ever did impose upon your Respondent but have Kind and Respectful as dutiful children. (Page 80) Respondent having answered asks that the petition be dismissed and to have his costs.

Personally came before me David K. Butter JP Samuel Carnitt who made oath that the facts set forth in the above answer are true given under my hand this 23 day of March 1847.

                                                                                                David K. Butter JPPC

                And afterward to wit at the same court continued and held for the county and Circuit aforesaid on the 27th day of March 1847, the following order was made to wit—

[Blotted The] defendant filed his grounds herein to set aside the Verdict of the Jury which is overruled by the Court and the defendant Excepts which Bill of Exceptions are made part of the Record by consent of the parties And the following is the grounds filed for a new trial which grounds Reads as follows

Samuel Carnitt Sr vs. Nancy Norvell, etc] Petition in Chy

                On an inquisition of Lunacy the defendant Samuel Carnitt moves the Court to set aside the Verdict of the Jury Discharge the Restraining order and dismiss the petition because the Jury found contrary to the Evidence and Instructions of the Court.

(Page 81)  The following is the Bill of Exceptions filed in this cause by the Defendant Samuel Carnitt Sr. to wit.

Nancy Norvell etc Complainants v. Samuel Carnitt Sr Defendant

In Chancery upon an issue and writ of Lunacy

                Be it Remembered that upon the trial of this cause the petitioners introduced Robert S. Brashears, A witness who proved that from his Knowledge of Samuel Carnitt Sr  he was not competent [to] manage his business or affairs and was easily to be imposed upon by designing men that he lived some 15 miles from Carnitts and had seen him some two or three times in the Course of an year and as three years past once at his Store Witness Store when he bought a pair of cloth pantaloons at and Extravagant price which not customary for him to do and that Carnitt said he intended to git married again that he Carnitt was between 70 & 80 years of age that he was nearly blind and hard of hearing he said Carnitt said he was afraid of his Life.

                In addition to the above General Brashears swore he had been (Page 82) Acquainted with Samuel Carnitt for forty years that he was once a man of energy and of Reasonable Capacity to conduct his affairs that for five or six years past he had not considered him capable of a prudent management of his affairs he had sunk in mind and body more than any man he ever heard he was wanderly in his conversations for a moment So he would appear Rational for one of his age he would then Change his subject frequently and take Childs by and in con sent by he had [  ] a [tra—] for many years that Carnitt had had much Dealings with him and the utmost friendship had always prevailed Between them S. Carnitt had Alluded to him the treatment of his illegitimate children he told him his gran children he thought made the attack on him in the night he was much injured as he said and came very near being killed. Rumor in [crossed out] Spoke of the Danger the old man was in but he knew nothing personally about it when Cross Examined about the old man’s conversations about marring (Page 83) he said the old man was in earnest and that he was of the opinion that that is the old man was going to marry but that he had not seen him more than twice in a year for about three years, he said he never saw a more Exact Likeness between a woman and man than Mrs. Norvel  was to her father Carnitt.

                D.N.Bittor was introduce by the counsel for Samuel Carnitt he proved that he was called up by some person to Administer the oath to Carnitt that it was Read to him denied Nancy Norvel to be his child and swore to it. He regarded the old man Very old and feeble and in his do to age.

                They then introduced an other Sampson Brashier who proved that he had been acquainted with Carnitt for a good many years Lived some 17 or 18 miles from witness Saw him several times in the course of a year that he did not [believe] he was able to manage his affairs more than he [  ] a child of one year of age could he was about 70 or 80 years of age and that he was blind and hard of hearing and that he heard Carnitt say Some person perhaps some of his grandchildren he thought had committed a trespass upon him in the night, came into the house and inflicted a blow upon him (Page 84) that Carnitt said one of his illegitimate sons had [ run?  ] of his Negro woman and that he had heard of her and that he intended to go after her.  He also said the old man told him he was afraid of his life that his illegitimate Children had treated him Badly had taken his money that Hiram had run off a negro girl and sold her to Thomas Strong that they had killed a [   ] steer and fooled him by taking the horns from the carcass and putting there a cow that was alive to apeare him.

                They then introduced Lusk a witness who proved that Carnitt could not be cheated in trading that he could direct his affairs as usual and as good as men of his age but that he was nearly blind and hard of hearing

                They then introduced Squire Byby a witness who proved he had been acquainted with Carnitt about 50 years; that he first knew him that period ago in Va but had not seen him but twice in two years the last time about twelve months since and that he did not believe he was capable of managing his affairs that he was about 90 years old being very frail lived about 25 miles from Carnitts that Carnitt claimed Nancy Norvel as his daughter several years since that once was a sensible man and a powerful man in strength (Page 85) that now he was gone in Body and mind more than any man he ever knew.

                They introduced Byby the Son of last witness, who proved he had been acquainted with Carnitt that he had been sheriff of Perry County for four years and knew Carnitt well that he lived some 25 miles from Carnitt, saw him the last time that the other witness spoke of that he was Very old and frail that he did not believe him capable of managing his affairs that Carnitt Claimed Nancy Norvel several years since as his daughter Carnitt he said had changed very much he talked wildly and was certainly much impaired any way.

                They then introduced Mr. Burns an other witness who proved that Nancy Norvell had a Very Striking resemblance of Carnitt.

                They then introduced H.C. Harris Esqr Witness who proved that Nancy Norvel had a Very Striking Resemblance of Carnitt.

                The Deft Carnitt then introduced Napier a Witness who proved Carnitt staid all night at his house a few days before that he had traveled from home some 25 miles thence in a few miles of Breathitt Court house and back in the whole distance of 85 miles in Company with his Black Boy (Page 86) That he Carnitt Conversed and could direct his servant about his horse and that he said he went with him one mile of Breathitt courthouse to attend to a suit with Duff Crt that he was one of the witnesses who told him that his cause was continued and Returned that Carnitt appeared to have a good a mind as any man of his age he was nearly blind and terrible hard of hearing he was complaining of the fatigue of riding over the mountains.

                He then introduced Ingram who proved he knew Carnitt for many years he lived in one mile and a half of him he was a son of one of his illegitimate Daughters, that he had mind amply sufficient to manage his affairs and could not be cheated in a trade that he was able and did direct his affairs but that he was hard of hearing Sometimes he would change from one subject to another when talking with persons but this was being to him not hearing well when persons would speak to him supposing he understood them when he did not he heard him say that he supposed and thought that is one of his negroes that made the assault upon him that Carnitt and illegitimate children lived very agreeably together that the old man directed all his affairs.

(Page 87) He then introduced an other witness the Brother of the above who proved the same in substance substantially as the other witness.

                Then Major Crump was introduced who proved that he had been Carnitt’s Lawyer and had been acquainted with him for some years, he believed that he had mind sufficient to manage his business and with his transactions with him he had never detected a want of mind he heard Rumors that Carnitt was in a situation to loose his property from persons who would steal his property.

Then Austin C. Godsey was introduced Who proved that he had been acquainted with Carnitt for several years that he never had much sense that he was pernicious that he was very old and feeble had not seen him for some time until within a few days past he thought he had mind sufficient to manage his Estate or business so far as he knew that he was near 80-90 years old he supposed but did not knew his precise age this being all the evidence in the cause the Jury Returned their verdict in these words to wit. In suit it here caused the Defendant Samuel Carnitt Sen moved the court to set aside the verdict and dismiss the petition because the Jury found contrary to the evidence

(Page 88)  And the same given by the court which motion was overturned by the court and the Deft Carnitt excepts and prays this his Bill of Exception to be sealed and made part of the Record which is done.

                                                W.B.Kinkead (seal)

                And afterwards, to wit at the same court conditioned and held for the county and Circuit aforesaid at the courthouse in the town of Hazard on the 27th day of March 1847.

The following order was made in this cause to wit

                Be it Remembered that this cause was submitted to a Jury by the consent of the parties and the counsels for S. Carnitt and after the testimony being heard the jury formed the Verdict in this cause it is decreed that Robert S. Brashear be continued and again appointed a trustee for Samuel Carnitt whose Duty it shall be to Receive from the Sheriff the Real and personal property of the said Samuel Carnitt and he is directed to hire out the Slaves, and rent out the land as in his judgment it may seem proper he is empowered and Directed to provide and maintain Samuel Carnitt out of his Real and personal property and he will preserve the property and take care that (Page 89) the same is forth coming when Requested by the Court and Report his acts to the next term of this court the sheriff of this county is directed to deliver the Real and personal property in the pleadings mentioned to the said Brashears and this cause is continued the Clerk is directed to issue the Restraining order here in forthwith—

And upon the forgoing Record the following Restraining order Issued to wit

                To the Sheriff of Perry County Greeting

You are hereby commanded as must be to take with you the power of the county of Perry and deliver to Robert S. Brashears five slaves by the Names of Ester, Nancy, Maryan, Harison and Daniel the property of Samuel Carnitt and any other personal property belonging to said Carnitt and also to deliver to him the lands and tenements of the said Samuel Carnitt without delay and make due return of this order according to law

                                                                Jesse Combs, Clk

And upon the foregoing Restraining order the Sheriff made the following Return to wit—

                In obedience to the within I summoned John Brashears, James Brashears, Sampson Brashears Jr and Ezekiel Brashears and Linsey Early to aid me to seize the property herein mentioned I accordingly took into possession the Slaves Ester Nancy David Harrison and

(Page 90) another small girl child of Ester and a horse the land I did not deliver as General Brashear was not present I have Delivered the Slaves and horse to Robert S. Brashears March 30th 1847

                                                                Jesse Morgan DS

                                                                For John Morgan SPC

And afterwards to wit at a Court contained and held for the County and Circuit aforesaid on the 27th day of March 1848. The following order was made in this cause to wit

                Ordered by the court that the sum of thirty seven dollars and fifty cents be allowed to Jesse Morgan Late Sheriff of Perry County for services rendered in delivering certain Slaves belonging to Samuel Carnitt Lunatic to Robert S. Brashears Committee under A former order of this Court and to James Brashears, Linsey Holcum, John Brashears, Ezekial Brashear, and Sampson Brashers each $3.90 cts for traveling 40 miles and guarding Slaves in carring out said order which the said committee is ordered to pay

[over]

out of [effects] aforesaid and the cause is continued

                And the same court continued and held in the 20th day of March 1848

The following order was made in this cause to wit—ordered by the court

(Page 91) That Robert S. Brashears Committee for Samuel Carnitt a Lunatic proceed immediately to sell so much of the personal estate of said Samuel Carnitt as he may deem necessary and pay the expenses he has been at under the order of this court and Report his activity and doings in said case to the court at the next term.

                And afterwards to wit at a court continued and held for the Perry circuit as aforesaid on the 26th day of September 1848

The following order was made in this cause

Continued

At a court continued and held for the Perry Circuit as a aforesaid on the 27th Day of March 1849

The following order was made to wit—

Nancy Norvel etc

Against  } In Chy Discontinued

Samuel Carnitt Sr

                In [   ]

Bill                                                                                                                                          1

Affidavits of Brashears & Hogg                                                                   4

Judges order                                                                                                                      4&5

Writ of Lunacy                                                                                                                   5&6

Jury & Verdict                                                                                                                    7

S.Carnits answer                                                                                                              8&9

Motion or a new trial overturned                                                                             10

Bill of Exceptions                                                                                                              11.12.13.14.15.16.17.

Decree                                                                                                                                 18

Restraining order                                                                                                             19

[Claims allowed]                                                                                                               20

Committee ordered to sell property                                                                       21

(Page 92)

State of Kentucky

                                Perry Circuit Sct

I Jesse Combs Clerk of the Court for the Circuit aforesaid Certify that the foregoing twentyone pages contains a full and complete transcript of the Record and proceedings in the suit therein mentioned In testimony  whereof I have hereunto set my hand and caused the seal of the said court to be affixed at Hazard on the

2nd Day of March 1855

                                                Jesse Combs, Clerk

                                                Of Perry Circuit Court

Fee for the foregoing Record is $4.21 ½ cts

                                                Jesse Combs, clk

I do certify that Jesse Combs is circuit court clerk in the County of Perry Kentucky given under my hand this March 3rd 1855                                               John Hyden Jr P.J.P.C