Hart vs. Benton Lawsuit
August 22, 1812
Contributed by Rhoda Taylor Fone
Michael L. & Bettie Cummings Cook, Fayette County, Kentucky Records, Vol. I,
(Evansville, IN: Cook Publications, 1985), pp.185-189.
Reprinted with permission of Cook Publications, http://members.evansville.net/bacook
p.187, August 22, 1812,
THOMAS HART, JAMES BROWN and ANNA BROWN, his wife,
HENRY CLAY and LUCRETIA CLAY, his wife, NATHANIEL G. S. HART, JOHN HART, JAMES
SHELBY and POLLY SHELBY, his wife, ELIZA PINDELL and THOMAS HART PINDELL, heirs
and devisees of THOMAS HART, deceased,
v.
NANCY BENTON, SR., PEGGY BENTON, POLLY BENTON,
THOMAS BENTON, JESSE BENTON, NANCY BENTON, SAMUEL BENTON, NATHANIEL BENTON,
SUCKY BENTON, and SAMUEL ESTILL and DANIEL MAUPIN, et. al.
Petition recites: SQUIRE
BOONE obtained a certificate of settlement and preemption, and Nathaniel Hart
obtained a certificate for settlement and preemption of 1,400 acres of land
adjoining said Boone. Jesse Benton obtained from same commissioners a
certificate for settlement and preemption adjoining claim of Nathaniel Hart on
north and east, which was entered with surveyor...your orator purchased of said
Benton all his claims and paid him a full consideration and obtained assignment
of said settlement and preemption. And said Jesse Benton, afterwards, by letter
dated September 3, l789, acknowledged the sale of said claims to your orator
and promised your orator another assignment if the original one was lost. And
said Jesse Benton departed this life leaving a will disposing of all his lands
excepting the said claim which being sold to your orator was omitted in his
will. Said Benton leaving his wife Nancy and his children Peggy Benton, Polly
Benton, Thomas H. Benton, Jesse Benton, Nancy Benton, Samuel Benton, Nathaniel
Benton and Sucky Benton. Said court of commissioners granted JOSEPH HUGHES
right of preemption which was surveyed contrary to location and in such manner
as to interfere with the settlement and preemption of said Jesse Benton, and
having underwent several sales hath at length been conveyed to Samuel Estill .
PHILLIP WEBBER illegally obtained forom commissioners a certificate
claiming 400 acres and vaguely entered same and sold it to said Estill
who surveyed contrary to entry and so as to interfere, and obtaining grant in
his own name, conveyed [blank] acres to Daniel Maupin, and said Estill and
Maupin have refused...
Answers filed by
defendants. Estill pleads that it may be true that patents have been secured in
the names of Squire Boone, Nathaniel Hart and Jesse Benton, and that plaintiff
hath purchased claim of Jesse Benton, but defendant has been informed that
previous to the opening and establishing of the land office in the Commonwealth
of Virginia, in the year of 1776, a certain RICHARD HENDERSON and Company
claimed all the lands lying on the south side of the Kentucky River, that
complainant and said Jesse Benton were partners with said Richard Henderson,
who in the said year of 1776, for a valuable consideration actually paid by
said Hughes, sold and conveyed to him 640 acres of the land now included in his
survey and patented, which will appear from the books of said Richard Henderson
and Company. That in consequence of said sale a survey was made in 1776 for
said Hughes.
Said defendant is advised that although
the claim of said Henderson and Company to these lands...was destroyed by act
of law, yet plaintiff nor said Jesse Benton ought not deprive Joseph Hughes or
this defendant of said land by any claim which they may have acquired since.
Amended petition recites: JAMES DINWIDDIE claims
part of lands to which your orator is entitled as devisee, from Joseph Hughes.
Various interrogatories were filed.
Complainant's answer to same:
1. That he was one interested in the adventure of Richard Henderson and
Company.
2. That the said company claimed at one time all the land on the south side of
the Kentucky River to the Cumberland River by purchase from the tribe of
Cherokee Indians, but the then Legislature of Virginia and North Carolina
annulled their purchase and that of all persons claiming under them, and they
now hold no lands except those granted by said Legislature at the mouth of the
Green River.
3. That Jesse Benton was never considered as an original partner in the company
but obtained a part of DAVID HART's share by private purchase, who was one of
the original partners of the company.
4. That he does not know Joseph Hughes ever purchased 640 acres of land from
Henderson and Company, but thinks it probable that he might have, as many
others did, but believes no monies were ever recived by the company in
consequence, or that he ever heard that the executive of Virginia had issued a
proclamation forbidding the inhabitants of Kentucky to pay monies to said
company for land sold by the company until their claims should be litigated
before the Legislature of said state and who decided by making null and void
their purchase from said Indians.
5. That he has not the books of the said company nor does he know in whose
possession they are, not having seem them for upwards of twenty years.
Sworn to by Thomas Hart, Lexington, September 18, 1801.
CHARLES BROWN, JOHN
DAVIDSON, WILLIAM ANDERSON, BENJAMIN ESTILL, JAMES BLESKY and the heirs of JAMES
ESTILL, deceased, appear as defendants.
p.229, Abstract of will of NATHANIEL HART,
dated June 27, 1782, names wife SARAH HART, sons SIMPSON HART and NATHANIEL HART, brothers DAVID
HART and THOMAS HART. Children, KEZIAH THOMPSON, SUSANNAH HART, JOHN HART, CUMBERLAND HART,
CHINA HART, and RICHARD HART.
p.237, Deposition of WILLIAM HART, aged 38
years (taken on September 17, 1811, in Fayette County: About 16 or 17 years
ago he was and had been for several years before well acquainted with the
family of Jesse Benton, whose heirs are the defendants. That the said Jesse
Benton resided in North Carolina near Hillsborough and died in latter part of the year 1791 or the beginning of
the year 1792. Said Benton's children were all very
small at time of his death, one at breast, and some years after his death the
family removed to Tennessee where they now reside.
p.238, Deposition of
JESSE OLDHAM, aged 72 years (taken at the improvement of NATHANIEL HART in Madison County, on March 3,
1802); He came to Kentucky from North
Carolina in the year of 1775 at which time he passed by the blue licks and from
thence near this improvement to Twitty's fort and the trace which he traveled
was then called and known by the name of Boone's trace. That in the year
1775, he, together with Nathaniel Hart and others, planted a crop of corn at
Boonesborough. That he came out of Kentucky agin in the spring of the year of 1779 at which
time
he, together with Nathaniel Hart and others,
raised a crop of corn at Boonesborough and in the same year raised a crop of
corn at this improvement and also at deponent's improvement which lies near
this improvement and on this creek. That he has never heard or known of
this improvement by any other name than Nathaniel Hart's improvement. I was not
here when the commissioners sat and never saw Nathaniel Hart's certificate. We
were not in
partnership, his corn was for himself and mine
for myself. They were two separate and distinct claims. These improvements were
about one mile apart. There was no improvement here when I first came to Kentucky in 1775.
[p.252. Deposition of JESSE OLDHAM (taken December 1, 1810). [Repeats
first what was in preceding deposition.] States that Nathaniel Hart and I
married sisters. Boone's old trace was marked out in year 1775 and was the road
leading from Boonesborough and upper part of Kentucky through the wilderness and it was then
generally traveled.]
p.239, Deposition of THOMAS ALLEN (taken
at Harrodsburg on July 28, 1803):
Relates facts of a survey made by him and DANIEL BOONE sometime during year of
1783 or 1784 at the request of the widow of Nathaniel Hart.
p.241, Deposition of
JOHN HARPER (taken at Montgomery County Court House on November 17, 1810): He set
out from Boonesborough in the month of June 1779 to go to Virginia and encamped
the first night at Hart's fork of Silver creek in company with a number
of others and Nathaniel Hart, deceased and Jesse Oldham set out at the same
time for the settlements but were obliged to go out of the way for a horse that
was bit by a snake and did not join the company until that evening. When said
Hart and Oldham et out from Boonesborough they appointed to meet the
company at the said Jesse Oldham's improvement which lies above Nathaniel
Hart's improvement about a mile and on east side of Hart s fork.
There was a field of corn growing at Jesse Oldham's improvement which the
company worked over and cleaned out the weeds. The next morning they went
on to Nathaniel Hart's improvement where there was a considerable field of corn
growing which they also worked over and laid by, and then the company proceeded
on to Virginia.
p 243, Deposition of JOHN KIMBROUGH (taken at
the office of THOMAS H. BENTON, in Franklin, Tennessee, on the last Saturday in
November 1811): About the year of 1790 and
for several years before and after that time, he lived in the State of North
Carolina and was well acquainted with the family of Colonel Jesse Benton, who
died about that year near Hillsborough in said State, deponent being nephew of
wife of said Jesse Benton, and he remembers that after the death of said
Benton, a daughter of Jesse Benton named SUSANNAH BENTON was born...
p.245, Deposition of THOMAS J. OVERTON (taken in
Fayette County on September 23, 1811 ): Repeats testimony regarding Benton's
children and states "all very small at time of his death."
p.245, Deposition of JESSE HODGES (taken at the house
of JAMES DINWIDDIE, in Madison County, November 30, 1800): He saw in 1779 the
tree standing on Boone's trail marked with letters of Nathaniel Hart's
name...and some chopping on the trees about it...and heard it called Hart's
improvement. It was generally known by hunters accustomed to hunt these woods
and parts. I passed by his improvement the first time in the summer of 1779 and
my recollection is that Jesse Oldham removed his family to this state in the
year of 1787.
p.247, Deposition of JESSE CARTWRIGHT (taken at
the house of JAMES DINWIDDIE, Madison County, November 30, 1800): I came to
Boonesborough in November 1780 and resided here until 1782. Shortly after
I came here I became acquainted with Captain Nathaniel Hart who lived at the
place called White Oak Spring. We had some trading and much talk about land
trading during the course of the next year, in the meantime I had seen an
improvement on the waters of Silver Creek which I was informed by several was
Nathaniel Hart's. He had a stud horse I think he called Spidella which he asked
me 1,000 acres of preemption land. I understood from Hart he made his
improvement in 1775. It was shewn me by JAMES ESTILL as we were riding through
it. I lived a considerable time at Estill's old station.
p.248, Deposition of JOSEPH KENNEDY (taken at the house of JAMES DINWIDDIE, in
Madison County, on December 1, 1810): Was
well acquainted with Boone's old trace
that leads up to Hart's fork of Silver creek on to Twitty's fort in the year
1777, and about 1/2 of a mile on a southwest course from Twitty's fort I saw an
improvement which was on Boone's trace and my brother JOHN KENNEDY and MICHAEL
STONER being with me, they informed me that it was Nathaniel Hart's.
p.249, Deposition of STEPHEN HANCOCK, aged
58 years (taken on April 3, 1802 at Hart's improvement on Silver creek in
Madison County): I came to Kentucky in January of the year of 1776 and traveled
along the trace then called Boone's trace. Blue Licks to Twitty s and thence to
Boonesborough. Then I saw an improvement on the trace, several trees belted.
Nathaniel Hart's field in which he raised corn in 1779. Silver Creek, Hart's
fork and SQUIRE BOONE's Stockfield tract were called and known by those names
in the year 1779. Nathaniel Hart raised a crop of corn at
Boonesborough in the year of 1776 and kept hands
there for several years afterwards. Deponent understood from information that
as people were traveling out to this country, they got pumpkins from Hart's
field upon Boone's trace and carried them to the waters of Otter creek where
they cooked them and from the seed being scattered around there, they came up
and that branch was afterwards called Pumpkin Run.
p.251, Deposition of Colonel JOHN SNODDY
taken at DINWIDDIE's house in Madison County, on April 3, 1802): In the
year of 1775 I came to Kentucky in company with DANIEL BOONE and as we traveled
along Boone's trace I saw an improvement on said race near to a small
pond. about half a mile south of Twitty's fort, which Daniel Boone informed me
was Nathaniel Hart's. Then there was several trees belted and some cut down. It
appeared to me to be an improvement and not a camping place.
p.253. Deposition of THOMAS WARREN (taken
at Hart's fork of Silver Creek, on September 14, 1811): I first knew of
this improvement in 1760 and it was called Hart's upper improvement at that
time. It had appearance it had been cultivated in corn the year before. It was
generally known by name of Hart's field 1780 by hunters from Estill's station.
I first settled at Estill's station in February of 1780 and lived at that
station between eight and nine years. The trace from Estill's to Adam's station
passes through the edge of Hart's improvement. [Note: in deposition taken
in same case on March 19, 1808, same witness says:] It was between the
11th and 15th of February 1780 when I came to the old station and by direction
of JAMES ESTILL. I was the first one to settle at Estill's station and James
Estill settled in a few days after with part of his family. He and myself
raised corn in 1780 at that place. There were seven or eight families at this
station in the year 1780. I first became acquainted with little fort in the
last of February 1780. It was about 100 yards off trace called Boone's trace. I
have no knowledge of Twitty's fort, more than I have saw it often. Some called
it Twitty's fort and some Little Fort.
p.254. Deposition of
DAVID LYNCH (taken September 14, 1811 in Madison County): I have known Nathaniel
Hart's improvement since the spring of the year of 1780 and it was then called
Hart's improvement. There was some appearance of corn stalks on it when I first
saw it. It was generally known by the name of Hart's improvement by the hunters
from Estill's station and well known to settlers at Adam's station and
Boonesborough.
p.255 Deposition of PETER HACKETT
(taken near the house of JAMES DINWIDDIE in Madison County, on July 21,
1812): I settled at Estill's station about the last of February or first
of March in the year of 1780. I believe I became acquainted with the settlement
we are now on in the last of spring of the same year. There were seven
families at Estill's station in 1780. When I first saw this improvement there
was an appearance of corn being raised. The only trace from Estill's to
Adam's station and from that to Logan's station was the one passing through the
edge of this improvement. It was the only trace used by people from
Adam's station to Estill's station and was well known to the people of that
station in 1780, as they hunted for their stock and for game along same.
TWITTY was wounded and died at the little fort and was buried there. The
fort was built while he lay there wounded.
p.259, Deposition of
Captain WILLIAM BUSH (taken at an Elm tree on Hart's fork of Silver creek on
March 23, 1803): In the spring of the year 1775 with Captain NATHANIEL
HART, JONATHAN JENNINGS, came to Boonesborough. I heard them say they had
better take their choice of land as they came along, they were asked where,
and, they told us that Captain Hart had made his choice at the camp at the
mouth of the branch that leads up toward's Twitty's fort and that Jennings
choice of land was between him and said fort on that trace. In summer of 1782 I
was applied to by BENJAMIN CRAIG to shew Hart's improvement, and I came to
Captain Hart's improvement and with THOMAS ALLEN, surveyor, we came to this Elm
tree, the beginning corner of Jenning's and proceeded to survey and they
expected to hold not over one mile square under the proprietors RICHARD
HENDERSON and Company. I first saw Twitty's fort the day after Twit-by was
killed.
p.259, Deposition of SQUIRE BOONE (taken
at his own house in Shelby County, on May 18, 1804): He is principaled
against going into the town of Shelbyville upon any business whatsoever but is
willing to depose to any facts within his knowledge relative to said suit at
his own house. Deponent is well acquainted with the beginning called for in
GEORGE MERIWETHER's entry of 1,000 acres in Madison County, which deponent sold
to said George Meriwether, and known as the Stockfield tract. He had survey
made in the year 1776 of 1,000 acres and began at said honey locust which is
south east corner of said preemption as surveyed under the State of Virginia.
Deponent was present when this survey was made and showed lines to the
surveyor.
p 261, Deposition of SQUIRE BOONE (taken
at Sassafras tree, corner of survey made by DANIEL BOONE, as assignee of JOSEPH
HUGHES, on Silver Creek, October 2, 1802): In the month of April 1776 he
was employed by Joseph Hughes to assist in laying of piece of land for said
Hughes which he had purchased of colonel RICHARD HENDERSON and Company in a
State then called Transylvania, and, on the waters of Silver Creek, where he
attended as a marker and sometimes carried the chain to go around said land,
and this is the beginning tree. [Taking of the deposition was then
removed to Boone's old trace on Silver Creek leading by CHARLES BROWN's towards
TWITTY's fort on TAYLOR's fork]: That this is the trace he marked on his
way from the old settlement to Boonesborough and was called Boone's trace
marked for Colonel Richard Henderson.
p.261, Deposition of BENJAMIN VANCLEVE (taken in
Madison County on March 28, 1803): Sometime in the month of April of 1776
deponent came to this corner where we have
met and made this corner for JOSEPH HUGHES' beginning corner. This corner was
marked by JOHN KENNEDY for the beginning corner of Hughes. Question by JAMES
DINWIDDIE: Was it usual to pay to Henderson and company the money for entering
of lands before it was entered? Answer: I can only answer for myself.
I paid I think the best of my recollection $2.00. [Taking of the deposition
was then removed to an oak tree, northeast corner of the Stockfield tract,
surveyed by J. Kennedy for Squire Boone under Henderson and Company]:
This is the South East corner of a survey made by J. Kennedy in April
1776.
p.262, Deposition of EDWARD
WILLIAMS (taken at house of NICHOLAS ANDERSON in Montgomery County, on May 14
1804): He set out from Boonesborough in the month of June 1779 to go to
Virginia and encamped the first night on waters of Silver creek in company with
a number of others and that NATHANIEL HART and JESSE OLDHAM set out at same
time for the settlements but were obliged to go out of their way for a horse
that was bit by a snake and did not join the company until that evening.
That when the said Hart and Oldham set out from Boonesborough they appointed to
meet the company at said Jesse Oldham's improvement at the creek. That
they all set out together the next morning and passed by Nathaniel Hart's
improvement, and said Hart informed deponent and company that it was his improvement
and there was a considerable field of corn at the said improvement.
Deponent was present at Boonesborough when Nathaniel Hart laid in his claim
before the Commissioner's for his settlement and preemption, and the said Hart
informed this deponent that he had obtained his certificate for this
improvement on Silver creek.
p.264, Deposition of
SAMUEL ESTILL (taken on March 19, 1808 at house of ROBERT MILLER in Madison
County): [Said deposition was taken for use in suit of BENJAMIN ESTILL
and JOHN ESTILL v. BENJAMIN SCRIVENER and used by consent in this case.]
Some time in the summer of the year 1779 I was with JAMES ESTILL, MICHAEL
BEDINGER and others at the spring at Estill's old station and he shewed me
that. In the year of 1780 I saw some marks at JAMES ESTILL JR. spring
which I thought probably might be another claim. I then told James Estill
about the marks and he told me JOHN BOUGHMAN got to marking of it and he
stopped him, and he told me he marked the spring at the old station first and
went on to James Estill, Jr. spring and marked it the same day. I never
heard James Estill claim that last mentioned spring until after we settled the
old station. I think my brother James Estill, deceased, or some of those
at the station tanned leather at this spring in the year of 1780. The old
buffalo road or trace lead down Muddy creek, by the improvement at James
Estill, Jr. spring, plain when I first saw it. I don't know when my
brother settled the old station. I was from this country and found his family
living there on my return in May 1780. He first showed me this
improvement in the summer of 1779. James Estill, Michael Bedinger, JOHN
SOUTH JR., JOHN WEBBER and others were with me but don't recollect the
rest. It was known as the Locust thicket improvement. The trace
that was called Boone's trace was close by the fort. In 1780 the fort was
called the Little fort by some and TWITTY's fort by others. When I first
saw the spring at the old fort, it was beat about by creatures using it,
Buffaloes and other wild beasts. In the year of 1780 the spring at the
fort went dry and the people at the fort had to get water at BOYLE's
spring. There was some heavy cane in places where the trace went along
but the creatures broke it so that it was tolerable handy passing. The fort was
a few logs put in the likeness of a square cabin. There was no roof on it when
I saw it. It was not built in as good a way as cabins generally are. The trace
traveled was the one that went along the dividing ridge between Muddy creek.
Otter creek and Silver creek and was called GALLOWAY's trace, which lead from
Boonesborough to the Blue Lick on the head of Station Camp creek. I
understood the fort was built for safety from the Indians by TWITTY. The place
claimed by Estill for his improvement near the old station as I first saw it in
1780 was twenty or thirty acres open land around the spring which was
surrounded by very strong cane brake. Could not be easily found, Captain James
Estill began to tan his hides in the spring of the year. We pulled the hide off
[Buffalo] and put it in the tan trough with some water and ashes (that was the
lime we had then). When the hide was limed we then took them out and
washed them in Little Muddy creek and took the hair off and
perhaps let them ly all night in the creek to take the lime out and the next
day put them back in the trough. That's the way we did them.
p.273, Deposition of JOSEPH PROCTOR (taken
at ROBERT MILLER's house in Madison County, on April 5, 1808): James Estill first
settled the old station on March 1, 1780, and he and his company raised corn
there in 1780. About six or seven families resided there. James Estill
immediately after settling at said place commenced surveying land to raise
corn. First became acquainted with Little Fort in spring of 1780 but don't
recollect how long it was before I saw the place. Understand it was built some
years before I came to Kentucky and that TWITTY was wounded and lay there. The company that was with him
built the fort for his safety.
Plaintiff recovered all land interferring.
The Thomas Hart Family
Contributed by Rhoda Taylor Fone
Notes for Nathaniel Gray Smith Hart:
From book: Kentucky Marriage Records From The Register of the Kentucky Historical Society
(Genealogical Publishing Co., 1983)
1809 - Franklin Co., KY, (Compiled by George C. Downing from the original records)
P. 236 "*April 6.--Nathaniel
G. Hart and Anna Edwards Gist, daughter and ward of Judith Cary Scott.
Thomas N. Gist, bondsman. Attest: Daniel Weisiger.
"*Nathaniel G. Hart, in honor of whom Hart County, Ky., received its name,
was a son of Colonel Thomas Hart, who was an immigrant from Maryland to
Kentucky in pioneer days. Nathaniel G. Hart was born at Hagerstown, Md.,
and came to Kentucky when he was but a few years old. He was a
brother-in-law of Hon. Henry Clay and Hon. James Brown, they having married his
sisters. He was about twenty-four years of age at the time of his
marriage to Anna E. Gist. At the breaking out of the War of 1812 he was
in command of a volunteer company called the "Lexington Light
Infantry," and with his company enrolled for service in the
Northwest. He served through the winter campaign of 1812-13, a portion of
the time as staff officer. He was taken prisoner at the Battle of the
River Raisin. On the way from Frenchtown to Malden he was massacred by
his Indian guard. His wife survived him but a short time. They were
the parents of two sons. Mrs. Judith Cary Scott had formerly been Mrs.
Gist and at this time was the wife (second) of General Charles Scott, Governor
of Kentucky. See Collins' History of Kentucky."
Colonel Thomas Hart
Colonel Thomas Hart was the son of
Thomas Hart and Susanna Rice Hart and the brother to John, Benjamin, David,
Nathaniel and Ann.
"The mother of Lucretia Hart was Susanna,
daughter of John Gray, Colonel in the Royal Army. Tradition says he
opposed his daughter's marriage on the grounds that Thomas Hart, her intended,
was a rebel. He was, indeed, a bold and active rebel, a member of two
Provincial Congresses of North America, a Colonel in the Revolutionary Army,
and one of the principals of that daring and romantic enterprise, the
Transylvania Land Company. In spite of her father's disapproval the wedding of
Susanna Gray and Thomas Hart, parents of Lucretia Hart, went off as
planned." (Simpson, Letters to)
In 1780 Thomas Hart moved from North
Carolina to Hagerstown, Maryland, where his two older daughters, Eliza and
Susan, were married and where Lucretia was born.
"In the spring of 1794 Thomas Hart
wrote to Governor Blount of Tennessee, who had married his wife's niece, 'You
will be surprised to hear I am going to Kentucky. Mrs. Hart, who for eighteen
years has opposed this measure, has now given her consent and so we go, an old
fellow of 63 years of age seeking a new country to make a fortune in...
Another letter, written by Thomas Hart,
dated Lexington, Kentucky 1795 says, 'Oh, if my old friend Uncle Jacob Blount
were here! What a pleasure we would have in raking up money and spending it
with our friends -This is really one of the finest countries in the world -The
society is equal to that of any interior town in the United States'. He did,
indeed prosper." (Simpson, Letters to)
"The fact that at a time when
sailing vessels and clipper ships ruled the seas, Colonel Hart supplied all the
rope used by the navy, proving that his cordage business was both extensive and
successful. He rapidly laid the foundation of an immense fortune, comparable to
the Vanderbilt wealth in New York". (Schwartz)
Thomas Hart letter about Daniel Boone
Daniel Boone
"From his land sales Boone had
raised about $20,000, and had been given additional money to purchase warrants
by the Harts. Boone had between forty and fifty thousand dollars in cash in his
saddlebags when he began his journey." (Loforo)
There are conflicting stories as to
exactly what happened with this great some of money. Here's one version:
"At the inn in James City, Virginia, described as Painter's Fork, Boone
while asleep was robbed of the entire amount. The incident caused much
criticism and injured his reputation".(Henderson)
Over the years, Boone paid this lost
money back to the contributors, except for the Harts. "The Hart brothers,
who had lost the most, saw the matter differently. In a letter dated August 3,
1780, Thomas Hart summed up their position on the robbery: 'I feel for the poor
people who perhaps are to loose even their preemptions by it, but I must say I
feel more for poor Boone whose character I am told suffers by it.' Hart praised
Boone as a 'Just' and 'Upright' person, who even in the most 'Wretched
Sircumstances' was 'a Noble and generous soul.' He concluded his comments by
stating that 'therefore I will freely grant him a discharge for whatever sums
of mine he might be possest of at the time.' "(Loforo)
Thomas Hart Newspaper Articles
Thomas(3) Hart moved to Hagerstown,
Maryland with his family about 1790, and operated a mill and store in
partnership with Nathaniel Rochester (who later was founder of the City
of Rochester, N.Y.).
14 Oct. 1790
Newspaper - The Washington Spy (Hagerstown, Maryland):
"Hart and Rochester opening new store - Dry goods and Groceries in house
formerly occ by Messrs M. & W. Vanlear as a store, 2 drs from the
corner"
[Source: Western Maryland Newspaper Abstracts 1786-1798 (F. Edward
Wright), entry 174, p. 28.]
13 April 1791
Newspaper - The Washington Spy (Hagerstown, Maryland):
"School for vocal music - Mr. Spicer. N.B. Music books for sale at
Hart & Rochester's store, neatly done with copper-plate"
[Source: Western Maryland Newspaper Abstracts 1786-1798 (F. Edward
Wright), entry 194, p. 30.]
26 Oct. 1791
Newspaper - The Washington Spy (Hagerstown, Maryland):
"The subscriber's negro boy, Dick, will be in readiness on Mon next to
sweep chimneys in Town - Thomas Hart"
[Source: Western Maryland Newspaper Abstracts 1786-1798 (F. Edward
Wright), entry 219.]
25 Jan. 1792 Newspaper - The Washington Spy (Hagerstown,
Maryland):
"Territory of the U. S., South of the River Ohio,, Washington District,
August Term 1791 - John Williams, Esq. of Granville Co; James Hogg of Orange
Co, Gentleman: Thomas Hart of Wash Co, Md, merchant; and David Hart, of
Caswell Co, Gentleman, complainants agnst heirs and devisees of Richard
Henderson, late of Granville Co, Esq, decd; of Nathaniel Hart of ___ Co, Va,
Gentleman, decd; of William Johnson, late of Orange Co, Merchant, decd; of John
Lutteral, of Chatham Co, Gentleman, decd; and Leonard H. Bullock - defendants;
to be advertised in Cape Fear, Ky; Knoxville Gazette, newspapers in Hagerstown
and at the door of the court house in Town of Jonesborough - Andrew Russell,
Com. E"
[Source: Western Maryland Newspaper Abstracts 1786-1798 (F. Edward
Wright), entry 230, p. 34.]
2 May 1792
Newspaper - The Washington Spy (Hagerstown, Maryland):
"N. Rochester, having dissolved his co-partnership with Col. Thomas Hart,
has opened a neat and general assortment of dry goods and groceries next dr. to
the store house lately occ by Hart & Rochester, having admitted his nephew,
Robert Rochester as a partner - N. and R. Rochester will keep a constant supply
of nails of all kinds."
[Source: Western Maryland Newspaper Abstracts 1786-1798 (F. Edward
Wright), entry 242, p. 36.]
16 May 1792
Newspaper - The Washington Spy (Hagerstown, Maryland):
"Spring and Summer goods - Thomas Hart & Son"
[Source: Western Maryland Newspaper Abstracts 1786-1798 (F. Edward
Wright), entry 246, p. 37.]
9 Aug. 1793
Newspaper - The Washington Spy:
"Died after a long and painful indisposition, on the morning of last Sun
in the prime of life, Mrs. Eliza Pindell, wife of Doctor Richard Pindell and
dau to Colonel Thomas Hart of this town, entombed at Episcopal burying
ground"
[Source: Western Maryland Newspaper Abstracts 1786-1798 (F. Edward
Wright), entry 294, p. 42]
20 Sep. 1793
Newspaper - The Washington Spy (Hagerstown, Maryland):
"Wanted Black Smith - Thomas Hart & Son"
[Source: Western Maryland Newspaper Abstracts 1786-1798 (F. Edward
Wright), entry 300, p. 43.]
4 Oct. 1793
Newspaper - The Washington Spy (Hagerstown, Maryland):
"Resolved that Messrs Thomas Hart, William Lee, George Shall, Rezin Davis,
John Geiger, George . . ., Levy Andrew Levy[?], Jacob Harry, David Harvey(?),
and William Reynolds be appointed a committee to take such measures to secure
this town from the approach of that fever now raging in Phila"
[Source: Western Maryland Newspaper Abstracts 1786-1798 (F. Edward
Wright), entry 302, p. 44.]
2 Apr. 1794
Newspaper - The Washington Spy (Hagerstown, Maryland):
"Married last Sun evening by Rev George Bower, Samuel Price, Attorney at
Law, to Miss Sukey Hart, dau of Colonel Thomas Hart of this Town"
[Source: Western Maryland Newspaper Abstracts 1786-1798 (F. Edward
Wright), entry 325, p. 47.]
2 Apr. 1794
Newspaper - The Washington Spy (Hagerstown, Maryland):
"N. Rochester, having purchased Col. Thomas Hart's rope Walk, in Hager's
Town, will constantly keep a supply of Mill and well ropes of every
size, bed cords, leading lines, halters &c."
[Source: Western Maryland Newspaper Abstracts 1786-1798 (F. Edward
Wright), entry 326, p. 47.]
