Indian Depredation Depositions
Below are Selected Indian
Depredation Depositions that I obtained from Melody Askins. Some of the
depositions were filed by William J. Askins. After his depositions there are several
more depositions taken by people that were living in the same area that the
Askins family were living in. The deposition of Eleanoir C. Benevidas reports
the death of Van Oden. Other depositions were taken from Amanda Yarbrough
Walker and James and Selina Winters Tope. These depositions certainly give us
some insight about how these people lived and the problems they faced with the
Indians that were living in the area during that time.
More Depositions are being
Transcribed by Melody Askins at [email protected] She spent 80 dollars obtaining these files.
Melody is researching the Askins surname in McMullen, Atascosa and surrounding
Counties in Texas and anybody that has the Askins surname in their genealogy or
would like to read more Indian Depredation Depositions may contact Meldoy at
her email address listed above.
Click on a name to start reading a
deposition or you can click on William J. Askins to begin reading them all. I
have added additional notes and highligted text of interest. Use your browsers
back button to return to this list at anytime.
IN THE COURT OF CLAIMS
December Term, 1981-'92
William J. Askins
Indian Depredation
The United States and the
Comanche Tribe of Indians
No. 6929
INDIAN DEPREDATION CLAIM, under the
Act Approved March 3, 1891.
PETITION
Filed March 2, 1892
To the Honorable the Court of
Claims:
Your petitioner, the claimant
herein, respectfully represents:
I. That he is a citizen of the
United States, and a resident of Atascosa county, in the State of Texas.
II. That in the month of Aug., A.
D. 1865, he was the owner, and in possession, of the certain property and
chattels hereinafter particularly mentioned and described.
III. That on or about the 19th day
of Aug., 1865, aforesaid, certain Indians of the Comanche tribe or nation - the
said tribe being then in amity with the United States - without his connivance
or consent, and without just cause or provocation on his own part or on the
part of his agents, at the county of McMullen, in the State of Texas, forcibly
took and carried away the said property; and no part of the same has been
recovered, returned, or paid for. The property so taken, and the value of the
several articles thereof, is as follows, viz:
35 mares, worth $50 each $1,750
1 stallion, worth 300
Total $2,050
IV. That the facts and
circumstances of the trespass and taking of the said property were: Said stock
were in a pen at night, except the stallion, which was in a stable, when the
Indians came and drove them off. The Indians were seen taking the stock. One of
the mares threw off and crippled the Indian who attempted to ride her. One colt
and one mare were recovered. They are not included in above list.
V. That no claim for said property
was presented to the Commissioner of Indian Affairs, for the reason that such
proof as was required by the Department rules in support thereof could not be
obtained prior to March 3, 1891.
VI. That no other action than that
hereinbefore stated has been had on this claim in Congress or by any of the
Departments; that the claimant is the owner of this claim and the only person
interested therein; and no assignment or transfer of this claim, or any part
thereof or interest therein, has been made; that the claimant is justly
entitled to the amount herein claimed from the United States, after allowing
all just credits and offsets; that your petitioner verily believes the facts as
stated in this petition to be true.
And your petitioner prays judgment
upon the facts and the law in the sum of two thousand and twenty-five dollars, in
accordance with the provisions of the act of Congress approved March 3, 1891,
entitled, "An act to provide for the adjudication and payment of claims
from Indian depredations."
S.S. BURDETT,
Attorney for Petitioner
State of Illinois )
) ss:
County of Cook )
Willis M. Hitt, being duly sworn,
deposes and says: I am one of the members of the firm of Isaac R. Hitt &
Co., of Chicago, Ill., and agent and attorney in fact for the petitioner in
this case. I have read the above petition, and the matters therein stated are
true, to the best of my knowledge and belief.
WILLIS M. HITT
Subscribed and sworn to before me,
this 27th day of February, 1891.
[seal] WALLACE D. LEWIS,
Notary Public
Court of Claims of the United
States
Indian Depredation, No. 6929
WILLIAM J. ASKINS v. THE UNITED
STATES ET AL.
Deposition of William J.
Askins, for
claimant, taken at Howe, Ind. T., on the 10th day of November, A. D. 1900.
Claimant's counsel, Wright Pickett,
Esq.,; defendants' counsel, Joseph W. Nichol, Esq.
WILLIAM J. ASKINS, claimant in the
above styled and numbered cause, after first being duly sworn to testify to the
truth, the whole truth, and nothing but the truth, testified as follows:
Question. State your name, age,
occupation, and post office.
Answer. William J. Askins; 45; coal
miner; Howe, Ind. T.
Question. You are the claimant in
this case of William J. Askins against the United States Government for Indian
depredations, No. 6929?
Answer. Yes, sir.
Question. Where were you living in
the month of August, 1865?
Answer. McMullen County, Tex.
Question. What was your occupation
at that time?
Answer. Raising stock.
Question. Now, this is a suit for
the loss of some horses and mares and a stallion during the month of August,
1865; just make a statement as to the number, sex, condition of the horses,
their ages, value, and brand.
Answer. There was 35 mares, valued
at $50 a head, and 1 stallion; all in good sound condition; they were Steel
Dust and Morgan stock.
Question. About what ages?
Answer. Young animals; none of them
old; run from 3 to 6 years old.
Question. Were they branded?
Answer. Yes; C.A. on the left
shoulder.
Question. Were they all the same
kind of stock?
Answer. Yes, sir.
Question. What color?
Answer. Bays and brown color; just
the color of Morgan and Steel Dust horses.
Question. Were you acquainted with
the market value of such horses at that time?
Answer. No, sir; but I know what
these horses cosst.
Question. Well, what were these
horses worth?
(Above question objected to because
witness did not qualify as to market value.)
Answer. $100 a head.
Question. You put them in at $50?
Answer. Yes, sir.
Question. But you say now they were
worth $100 each?
Answer. Yes, sir.
Question. What was this stallion
worth?
Answer. $500.
Question. At the time these horses
were taken were they on the ranch or in a pen?
Answer. The horses were in a pen
and the stallion in a shed.
Question. Do you know of any other
witnesses who saw these horses in the pen?
Answer. Yes, sir; several - Charley
Askins, Frank Askins (my brothers), Jim Musgraves, the Lanes, Walkers, and
Lawhorns.
Question. What became of these
horses?
Answer. They drove them off.
Question. They?
Answer. The Indians; and we never
got any of them with the exception of one mare and a colt.
Quesiton. Did you see the Indians?
Answer. No, sir.
Question. Were they taken in the
night?
Answer. Yes, sir.
Question. Did you follow them?
Answer. Yes, sir.
Question. How long had the horses been
gone before you discovered it?
Answer. We knowed it right at the
time; we had a fight with them.
Quesiton. How many horses or mares
did they take?
Answer. Thirty-six mares and the
stallion. One of the mares came back next day and had a rawhide Indian rope on
her; and Capt. Benevetas, captain of the Texas State Rangers, found the colt on
the trail.
Question. Did they take the
stallion at the same time?
Answer. Yes, sir.
Question. With the exception of
this mare and colt you did not recover any of these horses?
Answer. That is all.
Question. Were you the owner of the
stock at the time?
Answer. Yes, sir.
Question. Was there any
incumbrance, mortgage, or lien on them at the time.
Answer. No, sir.
Question. I believe you said they
were taken in the nighttime?
Answer. Yes, sir.
Question. You don't know of your
own personal knowledge, other that what you have stated, whether the Indians
took this stock or not?
Answer. No, sir.
Question. You saw the crippled
Indian on the trail?
Answer. Yes, sir.
Question. You say this property was
in your possession at the time?
Answer. Yes, sir.
Question. You are a citizen of the
United States?
Answer. Yes, sir.
Question. You have never received
pay for this stock?
Answer. No, sir.
Question. Did any of your neighbors
lose any horses or stock at the same time?
Answer. Yes, sir.
Question. Who were they?
Answer. Hines lost some horses, and
all these other names I have given lost horses in the same raid.
Cross-examined by J. W. NICHOL,
special United States attorney:
Question. Mr. Askins, where were
you living at the time this stock was taken?
Answer. McMullen County, Tex.
Question. What part of the State is
that?
Answer. Southwestern part.
Question. What is the county seat
of McMullen County?
Answer. Tilden.
Question. Can you locate the ranch
or place where you were living at the time?
Answer. Yes, sir; on Walker's
place, about 12 miles west of Tilden, the county seat.
Question. You were living there at
the time?
Answer. Yes, sir.
Question. Did you own the land?
Answer. No, sir; nobody owned land
at that time; it belonged to the State of Texas.
Question. You were simply living
there on land belonging to the State?
Answer. Yes, sir.
Question. Did you have any house
there?
Answer. Yes; ranch house and
corral.
Question. What year was this?
Answer. August, 1865.
Question. How do you fix the date?
What enables you to know that it was in August, 1865?
Answer. I remember it because a man
was killed there the night the horses were taken.
Question. What was his name?
Answer. Hines.
Question. You fix the date from
that?
Answer. Yes, sir.
Question. How long after the close
of the Civil War was it?
Answer. It was the summer of the
close of the war.
Question. You are pretty sure that
it was in August, 1865?
Answer. Yes, sir; I know it was; it
was about the 19th day of August.
Question. How far was this stock
from the ranch house when it was taken.
Answer. About 150 yards.
Question. What care had you taken
to protect the horses from the Indians - to keep them from being stolen?
Answer. We had them in the pens
there.
Question. Was any of the stock
hoppled [sic]?
Answer. No, sir; it was all in the
pen.
Question. How large was this pen?
Answer. About a quarter of an acre,
I suppose.
Question. How many horses did you
have in there?
Answer. Thirty-six mares, and the
stallion was in a shed.
Question. How far was the shed from
the pen?
Answer. I reckon about 20 yards.
Question. Did anyone else have any
stock in the pen that night?
Answer. Yes, sir; Lane and Hines.
Question. Where is Lane and Hines.
Answer. Hines lives at Pleasanton,
Tex., and Lane at Austin, Tex.
Question. They had stock in there
at the time?
Answer. Yes, sir.
Question. What time in the night
was this stock taken?
Answer. About 10 o'clock.
Question. Did you hear the Indians?
Answer. Yes, sir.
Question. Did you get up and go
out?
Answer. Yes, sir; we had not gone
to bed.
Question. What did you see when you
went out?
Answer. I saw a bunch of Indians.
Question. How many in the bunch?
Answer. Looked to be 25.
Question. I understood you to say a
while ago, in answre to a question by Mr. Prickett, that you did not see the
Indians.
Answer. I meant to say that I did
not see them when we followed them.
Question. Then you did see them
when they drove the stock off?
Answer. Yes, sir; my brother Frank
Askins, was guarding them at the time.
Question. Where is he?
Answer. In Atascosa County, Tex.,
south of San Antonio about 35 miles.
Question. Now, what did the Indians
do when they drove the horses off?
Answer. They jut drove them off.
Question. I mean did they tear down
any fence or anything of that kind?
Answer. Yes, sir; they tore down
the bars and let the horses out.
Question. Did you see them drive
them out?
Answer. Yes, sir; they whipped us away
from the horses.
Question. What with?
Answer. Guns.
Question. Did your party have guns?
Answer. Yes, sir.
Question. Did your party do any
shooting?
Answer. Yes, sir.
Question. How long did the skirmish
last?
Answer. About a half hour.
Answer. Was any of your party hurt?
Answer. Yes, sir; a man was killed.
Question. What was his name?
Answer. John Hines.
Question. Did Hines live there?
Answer. No, sir.
Question. How far from there did he
live?
Answer. About 4 miles.
Question. What was he doing there that
night?
Answer. We were forted up there
from the Indians.
Question. Have you named all the
parties who were there that night?
Answer. No, sir; I can't think of
all of them; there was a man by the name of Ellis - he lives at Atascosa, Tex.;
and Lite Lawhorn - he is in western Texas somewhere; and Mose Pierce - I don't
know where he is.
Question. Is that all you remember?
Answer. No, sir; Bud Walker and Tom
Walker and Joe Walker; Joe and Tom are dead.
Question. You say this skirmish
lasted about a half hour?
Answer. Yes, sir; they whipped us,
and we run into the house and staid [sic] there until after daylight.
Question. What was done with the
body of John Hines?
Answer. He was buried; he was
killed right in the door.
Question. Then, after daylight,
what did you do?
Answer. Crowd gathered up and
followed them.
Question. How much of a crowd?
Answer. Eight or ten men.
Question. Give their names.
Answer. Mose Pierce-don't know
where he is; Wright Lawhorn-he is near Murphy, Tex.; Frank and Charles
Askins-they live in Atascosa County, Tex.; two of the Lane boys-one was named
Erwin Lane.
Question. Do you remember any
others?
Answer. No, sir; I don't believe I
do.
Question. How far did you follow
them?
Answer. Nearly two whole days; we
followed them until we found out that Capt. Benevetas, with the Texas Rangers,
were following them; we followed them about 35 miles.
Question. You spoke of finding a
dead Indian on the trail?
Answer. He was crippled.
Question. What became of the
Indian?
Answer. He was killed.
Question. Right there at the time?
Answer. Yes, sir.
Question. Your party found him
crippled and killed him?
Answer. Yes, sir.
Question. How far from your ranch
did you find this Indian?
Answer. About 3 or 4 miles.
Question. Then you followed them the
best part of two days after that?
Answer. Yes, sir.
Question. And kept on until you
found out the rangers were following them, and then you turned back?
Answer. Yes, sir.
Question. Where did you recover
this mare?
Answer. She came back next day.
Question. Was any of the other
horses recovered?
Answer. Only the colt.
Question. So your net loss was 35
mares and 1 stallion?
Answer. Yes, sir.
Question. You never received pay
for any of these horses?
Answer. No, sir.
Question. It is alleged in your
petition here that the Comanche Indians took these horses. Do you really know
what tribe of Indians it was?
Answer. To the best of my belief it
was the Comanches.
Question. I am not asking you
"to the best of your belief"; I am asking you if you know they were
Comanches.
Answer. I think they was.
Question. Were you sufficiently
acquainted with the habits, characteristics, and customs of the Comanche
Indians to identify these as Comanches?
Answer. Yes, sir.
Question. This Indian that you saw
next day, what kind of an Indian was he?
Answer. I think he was a Comanche.
Question. Were you sufficiently
acquainted with the Comanche Indians to identify this one?
Answer. I think so.
Question. You are pretty well
satisfied it was a Comanche?
Answer. Yes, sir.
Question. Did you ever see or hear
of these horses after that time?
Answer. No, sir.
Question. What became of this
Indian after he was killed?
Answer. I guess the buzzards eat
him up.
Question. You left him there?
Answer. Yes, sir.
Question. Did you see anything of him
on your return?
Answer. No, sir.
Question. In your petition you
allege that these horses were worth $50 each; why do you know say they were
worth $100?
Answer. That is what the horses
were worthy; they cost that; I put them in at $50 on the advice of my attorneys
to put them in at a low value.
Question. So you put them now at
what they were worth?
Answer. Yes, sir.
Question. Do you think these mares
would have sold for that on the market?
Answer. Yes, sir.
Question. At auction?
Answer. I don't know about that,
but they would at private sale.
Question. How much did you say this
stallion was worth?
Answer. $500
Question. What did you put him in
at?
Answer. $300
Question. Now you say he was worth
$500?
Answer. Yes, sir.
Question. By whom do you expect to
prove this claim?
Answer. Charles Askins, Lavernia,
Tex. and Frank Askins, Pleasanton, Tex.; Jim Musgraves, Lampasas, Tex.
Question. You don't know whether
you will get the testimony of the other witnesses or not?
Answer. I did not think there was
any use of it.. There is George Hines-he lives at Pleasanton, Tex.-and he would
be a good witness for me; his father was killed in the fight and he lost some
horses at the time.
Question. Do you know whether or
not the Comanche Indians were in amity with the United States at the time of
the raid?
Answer. I do not.
Question. This happened on land
belonging to the State of Texas?
Answer. Yes, sir.
Question. Do you know whether or
not that property was assessed for taxes for the year 1865?
Answer. It was not.
Question. Have you ever given more
than one power of attorney?
Answer. No, sir.
Question. Are you the sole owner of
the claim and the only person interested in it?
Answer. Yes, sir.
Question. You have never assigned
or transferred it to anyone?
Answer. No, sir.
Question. Did you or any of the men
there do anything to provoke the Indians to take your horses?
Answer. No, sir.
Question. Did you seek private
satisfaction or revenge on them in any way?
Answer. No, sir.
Question. Is this claim included in
any other case on file?
Answer. No, sir.
Question. Is any other claim
included in the case now under investigation?
Answer. No, sir.
Question. Are you a white man
without Indian blood?
Answer. Yes, sir.
Question. Mr. Askins, you say you
are now 45 years of age?
Answer. Yes, sir.
Question. At the time of this loss
in 1865 you were 10 years of age?
Answer. Yes, sir.
Question. How did it come that you
were the owner of this property at that time?
Answer. It was property I got from
my father's estate.
Question. Was he living or dead at
the time?
Answer. Living.
Question. Did he make a division of
his property before his death?
Answer. Yes, sir.
Question. How long before?
Answer. About three years.
Question. And you got this property
as your share at the age of 10 years-when you were 10 years old?
Answer. Yes, sir.
Question. Did he give you any bill
of sale or any kind of papers?
Answer. No, sir; he just divided up
the property between the children.
Question. And that is your explanation
of how you came to be the owner of this property at that time, when the loss
occurred?
Answer. Yes, sir.
Note: Some of the depositions were taken by Yarbrough
descendants and their allied families. The deposition below of Eleanor C.
Benavides talks about how VAN ODEN being killed while on the trail of these
Indians. Van Oden married Martha Jane Walker (daughter of Joseph W. Wallker and
his first wife Mary Walker) Eleanor C. Benavides is the sister of William J.
Askins who filed a Indian Depredation Claim.
COURT OF CLAIMS OF THE UNITED
STATES
Indian Depredation, No. 6929
William J. Askins v. the United
States et al.
Deposition of Eleanor C.
Benavides, for
claimant, taken at San Antonio, Tex., on the 6th day of April, A. D. 1912.
Claimant's counsel, Harry Peyton,
Esq.; defendants' counsel, Ellsworth Ingalls, Esq.
The said ELEANOR C. BENAVIDES,
having been first duly sworn, testified as follows:
Direction Examination by HARRY
PEYTON:
Question. Please state your name,
age, residence, and occupation.
Answer. I was born in 1853; I live
at No. 318 West Zavala Street, San Antonio, Tex.; I am a housewife.
Question. What relation was William
J. Askins to you?
Answer. He was my brother.
Question. Do you know whether or
not William J. Askins is living?
Answer. I know that he is dead.
Question. Did you write to make
inquiries?
Answer. Yes, sir; I wrote to the
sheriff of that place where he was-Howe County, in the Indian Territory-and
also to the postmaster, who reported that he was dead.
Question. I note that William J.
Askins brought suit for the property claimed as having been taken by the
Comanche Indians. Did he own that property?
Answer. No, sir.
Question. To whom did it belong?
Answer. It belonged to my father,
Charles M. Askins.
Question. From what place was this
property taken?
Answer. From McMullen County, Tex.
Question. Do you remember when the
war was going on between the North and South?
Answer. I don't remember the dates
exactly.
Question. I only asked if you
remember the fact of the war?
Answer. Oh, yes, sir; I remember
well. My two brothers fought in the Confederate Army.
Question. Do you know whether the
depredation was committed while the war was going on?
Answer. I know that it was after
the war closed. My brothers had come from the war. All of the soldiers were
turned loose. It was some time in the same year. My brothers were at home.
Question. Do you know how long they
had been at home, out of the army, at the time the depredation was committed?
Answer. I don't know exactly how
long, but the horses were stolen some time in August after the war. The 19th of
August.
Question. Where were the horses at
the time they were taken?
Answer. They were in a pen.
Question. How far from the house?
Answer. Not a great distance from
the house. Right in front of the door. The pen was a short distance, 25 or 30
steps.
Question. Were they taken in the
daytime or at night?
Answer. They were taken just after
dusk.
Question. Did you see the Indians
when they were taken the horses?
Answer. Just as the bell started my
father said: "My God, they have got my horses,"
Question. What did you all do?
Answer. We ran to the front and saw
them driving them off.
Question. Do you know about how
many horses were taken?
Answer. Yes, sir; there were 35
mares and 1 stallion, and a little colt; not a very little colt, about 6 or 8
months old.
Question. Do you know whether or
not anyone was killed by the Indians about the time that this raid was made on
your father's horses?
Answer. Yes, sir. Just the night
after old man Hinds was killed.
Question. How far did Hinds live
from your father?
Answer. About a mile and a half.
Question. Had you and others gone
over to Mr. Hind's place that day for protection?
Answer. No, sir. We went late in
the afternoon; when the neighbors took their horses over there we went to Mr.
Hinds's.
Question. Did you go to Mr. Hinds's
the day after the Indians took your horses at the house?
Answer. Yes, sir. In the evening
after; the evening he was killed. He was killed after night.
Question. Were you at Mr. Hinds's
house at the time he was killed?
Answer. No, sir; I was at home.
Question. You say there was a fight
with the Indians at Mr. Hinds's house?
Answer. Yes, sir.
Question. Was Mr. Hinds who was
killed the father of Mr. George Hinds, at Pearsall?
Answer. Yes, sir.
Question. who is there
living now that you know of who may know about this depredation and the taking
of these horses?
Answer. Well, George
Hinds, at Pearsall, Tex.; Billy White, at Campbellton; Jim Tope, at Crown;
Earldom Lane, at Austin; and Amanda Walker, at Tilden. All these points are in
Texas.
Question. From your testimony you
have stated that you were born in 1853; you were about 12 or 13 years old when
this depredation was committed?
Answer. Yes; about 13 years old.
Question. Was William J. Askins
younger than you?
Answer. Yes, sir.
Question. About how much younger?
Answer. About 3 years younger.
Question. Do you know where your
father had lived before he moved to this section of Texas?
Answer. He lived in eastern Texas;
in Nacogdoches County.
Question. About when did he leave
Nacogdoches County and move to this section of Texas?
Answer. I don't exactly remember
how long.
Question. Do you know about how
many years it was that he moved before this depredation was committed?
Answer. He lived in McMullen County
about 112 years.
Question. Do you know or did you
learn where your father came from when he first came to Texas?
Answer. Well, I head him say he
came from Tennessee and my mother from Missouri.
Question. Did you ever hear him say
how old he was when he came from Tennessee?
Answer. No, sir; I never heard him
say, only I heard him say he was young when he married the first wife.
Question. Do you know where your
father was born?
Answer. No, sir; I don't remember.
Question. You only heard him say
that he had come from Tennessee and your mother from Missouri.
Answer. Yes, sir.
Question. Do you know where the
stock of horses came from that he owned at that time?
Answer. They came from eastern
Texas, Nacogdoches County, where we lived before we came to McMullen County.
Question. Do you know whether or
not your father owned any property in east Texas?
Answer. Yes; I know that he owned farms
in east Texas.
Question. Do you know or did you
ever hear whether or not your father sold his property in east Texas?
Answer. Yes, sir; I knew that he
sold his property in east Texas.
Question. Do you know whether or
not he got his stock of horses in part payment for the land that he sold in
east Texas?
Answer. Yes, sir; I know that he
got the horses in part payment for the land.
Question. Did you at that time know
the difference between a Texas-raised horse and an ordinary Spanish horse?
Answer. Yes, sir; I knew the
difference.
Question. Were these horses that
were lost Texas-raised horses or what were commonly known as Spanish horses?
Answer. No, sir; they were American
horses. They were brought from the East, largely.
Question. Did you understand from
others at the time the depredation was committed by what Indians the same was
committed?
Answer. Well, the neighbors and all
said they were Comanche Indians.
Question. I will ask you, Mrs.
Benavides, if you are now, so far as you know, the sole surviving heir of your
father and mother?
Answer. Yes, sir; so far as I know
I am the only one living of the name.
Question. Have you heard anything
from any of your brothers, of whose death you do not personally know, for a
number of years?
Answer. No, sir; I haven't heard
from the one that I supposed was living for awhile, in over six years.
Question. Have you endeavored to
get in communication with him?
Answer. Yes, sir; I have written to
different places to find out his whereabouts.
Question. Do you know whether or
not this property that they lost was acquired by your father during the time
that he was married to your mother?
Answer. Yes, sir; I do know that it
was.
Question. Can you state positively
that this property did not belong to your brother, William J. Askins?
Answer. Yes, sir; I can state
positively that it did not belong to him.
Question. Do you know whether or
not two or three years before this depredation that your father had divided up
his property among his children and given these horses to William J. Askins?
Answer. I know that he never had
divided up his property.
Question. How long after this
depredation was it that your father died?
Answer. It was only about a year
and a half.
Question. How long after the
depredation was it that your mother died?
Answer. It was about 11 years after
my father died that she died.
Cross-examination by ELLSWORTH
INGALLS:
Question. Do you know whether
William J. Askins was married?
Answer. He was.
Question. Do you know whether his wife
or any of his children are alive?
Answer. I don't think they are. we
wrote to Howe and made inquiries about his family and couldn't hear anything
from them.
Question. That doesn't necessarily
mean that your brother and his wife and children are dead, does it?
Answer. Well, it doesn't
necessarily mean that the wife and children are dead. He didn't have any
children. He had a wife and he lived in the Indian Territory, in Howe County,
and he worked in a coal mine, and there was an explosion there, and we never
could hear from him any more. We supposed he was dead.
Question. Did anyone write you that
he was dead?
Answer. No, sir; no one wrote me he
was dead, but we wrote to the sheriff who lived out there, and couldn't find
out anything about him.
Question. How old were you at the
time these horses were lost?
Answer. About 13 years old.
Question. When your father
exclaimed that the horses were being taken did you go to the door?
Answer. Yes, sir.
Question. What did you see?
Answer. I saw the Indians driving off
the horses, and they passed our door, right between the house and the lot, and
running.
Question. What time of day was it?
Answer. Just after dusk.
Question. Was it light enough for
you to distinguish the Indians?
Answer. Yes, sir; it was the light
of the moon.
Question. How many Indians did you
see?
Answer. Well, there were quite a
bunch of them. I don't know exactly how many.
Question. In what part of McMullen
County was it?
Answer. It was at Tilden, McMullen
County.
Question. Do you know in which direction
the horses were driven?
Answer. They were driven west of
the Frio toward the Nueces.
Question. Was the trail followed?
Answer. It was
Question. Who followed
it, and how long were they gone?
Answer. They were gone
three days. I don't know exactly who all did follow it, but the Lawhorns, Frank
Askins, the Oden boys, and the Lanes.
Question. What did they
report when they got back?
Answer. Well, they
reported that Van Oden was killed on the trail, and also that they had seen where
the Indians had eaten the colt on the trail.
Question. Did any of your neighbors
lose horses at that time?
Answer. Yes; the Hindses lost
horses, and old man Hinds was killed.
Question. Do you know how many
horses Hinds lost?
Answer. No; I don't know.
Question. How is it that you fixed
so positively the date of this depredation?
Answer. Because it has been told me
so many times that I got to believe it. I don't know it myself, because I don't
think much about dates.
Question. When did you first learn
your brother had filed a claim for this loss?
Answer. Mrs. Georgia Hinds was a
friend of ours when we lived at Pleasanton. She came once to visit us at the
fair and said Mr. Hitt had written to her about this case, and she brought all
the papers Mr. Hitt had sent her and gave them to me. Mr. Hitt wanted Mrs.
Hinds as a witness in this case.
Question. Did your father serve in
the Confederate Army?
Answer. He did not.
Redirect Examination:
Question. Mrs. Benavides, I hand
you a letter written to you, dated August 1, 1909, by G.W. Barlow, deputy
sheriff, from Howe, Okla., regarding the whereabouts of William J. Askins. I
will ask you to identify this letter as the letter received by you from him,
and to file it as Exhibit A to your deposition, which letter is now offered in
evidence.
Answer. Yes; this is the letter
that I received, and I hand it to the notary public to be marked "Exhibit
A" to my deposition and to be filed as evidence in this case.
ELEANOR C. BENAVIDES
EXHIBIT A
G.W. Barlow
C.C. Barlow.
D.C. Barlow
Barlow Grocery Company, staple
and fancy groceries, butchers and manufacturers of fresh and cured meats.
Howe, Okla., August 1, 1909
Mrs. Benevides, San Antonio,
Tex.
DEAR MADAM: I have made inquiry
as to your brother's whereabouts. Can't find anyone by the name of Askins in
this county.
Yours respectfully,
G. W. Barlow, Deputy Sheriff
Note: Below are the depositions of Jim Tope and
his wife Selina Winters Tope. James Henry Tope, nickname Jim Tope was the son
of Frances Coker Tope Moore Yarbrough and Unknown Tope. Frances married abt.
1845 John Swanson Yarbrough, Sr in Houston County, TX. Jim was born 22 February
1840 in Arkansas and he married 7 May 1868 in Live Oak Co., Texas to Dorcas
Salina Winters (son of Benjamin Franklin Winters and Sylvania Cude). She was
born 1849 in Walker Co., TX and died 27 September 1926.
Court of Claims of the United
States
Indian Depredation, No. 6929
William J. Askins v. the United
States et al.
Deposition of James Tope for Claimant, taken at Tilden, Tex., on the
10th day of November, A. D. 1914.
Claimant's counsel, Harry Peyton,
Esq.; defendants' counsel, John a. Hendricks, Esq.
JAMES H. TOPE, being first sworn,
states:
I am 75 years old; my post office
address is Crowther, Tex.; am not related to claimant and have no interest in
this claim.
Direct examination:
Question. Did you know W. J.
Askins? If so, when did you first get acquainted with him?
Answer. Away before the Civil War.
Question. Do you know anything of
the loss by Askins of a lot of horses by a depredation of the Indians at the
time they killed old man Hinds?
Answer. Not personally, but I heard
of it at the time.
Question. What kind of horses did
Askins have?
Answer. He had very good American
mares and some Spanish stock.
Question. What were the American
mares worth?
Answer. About $100 each. A widow
woman came in here about that time with some American mares and she got $100
for them.
Question. Whose horses were those
that were taken?
Answer. They were old man Askins's
horses.
Question. The claim is for about 35
horses and a stallion and colt. Can you say that the old man Askins, in your
judgment and with your knowledge of the horses he owned, had this number of
horses?
Answer. He may have. He had a very
good bunch of horses.
Question. Did you understand that
Askins lost practically all his horses?
Answer. Yes, sir; he lost about all
of them. He may have had one or two left.
Cross Examination:
Question. Do you know if these
Indians were followed?
Answer. I don't know for certain,
but it seems to me they were followed by a crowd and overtaken on the top of a
mountain while the Indians were putting leather shoes on their horses-shoes
made of rawhide. I am not certain that this was the time, but I think it was.
George West, who did live below Pleasanton, was with the crowd.
Question. Did you understand which
way the Indians went out?
Answer. I understood they went out
northwest, between the Frio and Nueces, into the mountains north of Uvalde.
Question. When the Indians went out
that direction, what Indians were they considered to be?
Answer. I think Comanches.
Question. When the Indians went
south and west and crossed the Rio Grande, what Indians were they?
Answer. I forget their name; I think
they were called Kickapoos or something like that.
Question. Were you acquainted with
the different Indians that depredated here from Mexico?
Answer. No, sir.
Question. Did you understand at
that time they recovered some horses; that they got back any of Askins's
horses, or all the horses the Indians had?
Answer. I don't remember about
that.
Question. Did you understand that
any of Askin's horses were got back at the time the raid was made and old man
Hinds was killed?
Answer. I don't think they did. I
don't recollect that they did.
Court of Claims of the United
States
Indian Depredation, No. 1791.
William Talbert v. the United
States et al.
Deposition of James Tope, for claimant, taken at Tilden, Tex., on the
10th day of November, A. D. 1914.
Claimant's counsel, Harry Peyton,
Esq.; defendants' counsel, John A. Hendricks, Esq.
My name is JAMES TOPE; I am 75
years old; my post-office address is Crowther, Tex. I am not related to W. W.
Talbert, and have no financial interest in this claim.
Direct examination by HARRY PEYTON,
attorney for claimant:
Question. Did you know W. W.
Talbert in his lifetime? If so, when did you first become acquainted with him?
Answer. I had known him before the
Civil War. I served in the Confederate Army; was wounded in 1864, and came
home, and was at home until the time of the surrender. I continued my
acquaintance with him until his death. He was about the largest owner of horses
in the Tilden County section during the time I knew him. I was well acquainted
with him and had worked through his ranch and knew him well.
Question. Do you know anything of
the loss of horses by Talbert, as a result of depredation by Indians?
Answer. Yes, sir. I know that he lost
many horses by depredations of the Indians.
Question. Did you ever follow the
Indians when they had captured Talbert's horses?
Answer. Yes, sir. I only now
remember one time in particular, but suppose I followed them at other times, as
I was a young man then and very active in such matters.
Question. Please state the
circumstances of the raid and your following the Indains at the time you
mention.
Answer. I remember at that
particular time Bruce, Yarbobough, myself, and others - I can not now remember
all who were along - followed the Indians when they made a big drive through
Talbert's range, and got horses from him, and some from others, though Talbert,
being a big horseman, was the largest loser in the raid.
Question. Do you remember about
what year this raid occurred?
Answer. It was in 1869, and in the
summer time. I think it was in August, but it has been so long ago I am not
certain if it was august; but I feel positive it was in 1869.
Question. Do you know how many
horses Talbert lost at that time?
Answer. It has been so long ago and
there were so many horses lost that I can't say how many Talbert lost, but he
lost a big lot of them, as he was an awful big horseman in them days.
Question. Do you know about how many
horses the Indians drove out on that raid?
Answer. We followed them out
through Talbert's pasture or range, and they must have been driving 200 or more
horses when we quit the trail. Most of them must have been Talbert's horses.
Question. Do you know what
direction the Indians went out of the country on that raid?
Answer. Yes, sir; they went out
north, between the Frio and Uvalde and toward the mountains lying in the north
part of Uvalde County. They were going kinder northwest.
Question. Do you know what Indians
it was who committed this raid?
Answer. Said by the frontiersmen to
be Comanches. They went out north or northwest, and we found one or two horses
killed on the trail. They had arrows in them.
Question. Were you present when Sam
Bruce and Nolan had a little fight with the Indians?
Answer. No, sir; but I was there
the next day.
Question. What did you see and what
did they say about the occurrence?
Answer. They said that about seven
Indians came upon them; that one of the Indians rode out and dared them to come
and fight them. This Indian was riding a well-known saddle horses belonging to
W. W. Talbert - a horse that I had ridden many times. They said that Bruce
wanted to shoot at the Indian, but Nolan would not let him. The Indian kept
riding out from the others, daring them to come out and fight, and finally
Nolan shot at him and killed the horse. The Indian then jumped on behind
another on a horse and they rode off. I saw the dead horse, which I knew well,
and Nolan had shot him just behind the head.
Question. Do you know how many of
Talbert's horses the Indians got at this time?
Answer. No, sir; I did not follow
them and don't remember. This occurred right in Talbert's range. I think the
Indians were followed by a crowd, but they started too late and did not
overtake them. That is my recollection of it.
Question. Do you know what Indians
it was said that committed this raid?
Answer. My recollection is that
Bruce and Nolan claimed they were Comanches, and I heard they went out of the
country about the same as the others, up north, between the Frio and Nueces.
Cross examination waived.
Court of Claims of the United
States
Indian Depredation No. 1791
William W. Talbert v. the United
States et al.
Deposition of Selina Tope, for claimant, taken at Tilden, Tex., on the
10th day of November, A. D. 1914.
Claimant Counsel, Harry Peyton,
Esq.; defendants' counsel, John A. Hendricks, Esq.
SELINA TOPE, having been first
sworn, states:
My name is Selina Tope. I am the
wife of James Tope. I am not related to W. W. Talbert, and have no interest in
the case.
Direct Examination:
Question. Please state, if you
recall the incident, when Nolan and Sam Bruce had a fight with some Indians and
Nolan killed a horse belonging to Talbert that was being ridden by an Indian.
Answer. Yes, sir; I remember it.
Question. Did you see any Indians
at that time?
Answer. Yes, sir; six or seven Indians
came down the bank of the Nueces just before that. I was on the opposite side
of the river and saw them. I understood that they went on down a few miles and
then swung around and were going up the country when they met up with Nolan and
Bruce, and Nolan shot at one of them, who was riding Talbert's horse, and
killed the horse. When they turned back north they were going toward Talbert's
pasture, and it was about there they met up with Nolan and Bruce. I heard all
about this just after I saw the Indians, and we all were satisfied that they
were the same Indians, or that is what the men all said. Of course I don't know
anything more than that. I saw the Indians as they passed on down the Nueces
and then heard about Nolan and Bruce meeting them, and only know what the men
said about it. I did not know what Indians they were, nor what horses they got.
Cross examination waived.
Note: Below is the deposition of Amanda Walker.
Amanda Arminda Yarbrough, nickname Mandy Yarbrough is the daughter of John
Swanson Yarbrough and Frances Coker Tope Moore. Mandy Yarbrough was born 20 Oct
1846 in Houston County, Texas and died 20 December 1929 in Christine, Atascosa
Co., TX. She married 2 May 1864 in Pleasanton, Atascosa Co., Texas to Joseph W.
Walker (son of James Walker and Martha Telford). He was born 30 June 1818 in
Chester Co., South Carolina and died 18 June 1888 in McMullen County, Texas.
Court of Claims of the United
States
Indian Depredation No. 1791
William W. Talbert v. the United
States et al.
Deposition of Amanda Walker, for claimant, taken at Fowlertown, Tex., on
the 11th day of November A. D. 1914.
Claimant's counsel, Harry Peyton,
Esq.; defendants' counsel, John a. Hendricks, Esq.
Question. Did you know W. W.
Talbert?
Answer. Yes, sir; from the time he
came here till he died.
Question. Was he a large or small
owner of horses?
Answer. The largest in this country
at that time. He owned a world of horses.
Question. Do you know from common
report made at the time of Talbert losing horses by raids of the Indians?
Answer. Yes, sir; at different
times I would hear of him losing horses. My husband was active in the stock
business at that time and I would know of those things, as a woman situated as
I was at the time would know of them. There were very few families living in
here at that time, and these things were talked about among us all.
Question. Did you ever see the
Indians at any time?
Answer. Yes, sir; at one time I saw
seven of them that came near our house, within 100 yards of the house. That was
the morning after they got after Salmon and Miller. There were several men on
the gallery is the reason they did not come up. They had some sort of dirty
blankets around them and their hair was plaited and down their backs. They were
going up the Frio River. They got all the horses we had and also all the horses
Talbert had. I remember one of the Indians was riding a big dun horse, and I
can see them now as plain as I did then. I am now trying to get pay for my
horses and hope I can get it. We lost about 75 horses, and John Franklin, who
lives on the San Miguel, knows how many horses we lost.
This is another Afidavit taken
from Amanda Walker
Court of Claims of the United
States
Indian Depredation, No. 6929
William J. Askins v. the United
States et al.
Deposition of Amanda Walker, for claimant, taken at Fowlerton, Tex., on
the 11th day of November, A.D. 1914.
Claimant's counsel, Harry Peyton,
Esq.; defendants' counsel, John A. Hendricks, Esq.
AMANDA WALKER, being duly sworn,
testified as follows:
My name is Amanda Walker; am 68
years old; reside at Tilden, Tex.; am not related to Askins in nay way, and have
no interest in his claim.
Direct Examination by HARRY PEYTON:
Question. Were you acquainted with
Askins, the father of W.W. Askins?
Answer. Yes, sir; had known him
ever since I was a child; knew him up on the Atascosa before I moved to
McMullen County. When did you move to McMullen County?
Answer. When I was 12 years old. I
moved there with my father, and I am now 68.
Question. You are one of the oldest
pioneers living in McMullen, are you not?
Answer. Yes, sir; Mr. Tope and I
are the oldest pioneers living in McMullen County.
Question. Do you remember when the
Indians killed old man Hinds?
Answer. Yes, sir; they brought him,
or his remains, to our house next morning. They had to tote him over there as
the Indians had got all their horses at the time they killed Hinds. They
brought the body to our house, and they got our wagon to haul the body to
Tilden to bury. We lived about a mile from where he was killed.
Question. Do you know if the Askins
family were at the place where Hinds was killed?
Answer. Frank Askins was there. He
fought the Indians that night. He and a man named Lane were guarding the pen
that night.
Question. Did you understand next
morning that Askins lost any horses that night?
Answer. I don't think he did, but
he might have had one in the pen. I know they lost some horses at one time. It
might have been before that time. Frank Askins, who lives at Jordanton, would
know all about it.
Question. Do you think that we
could rely on whatever statement Frank Askins might make regarding the loss.
Answer. I think you could.
Question. Wm. J. Askins filed a
claim for the horses. Do you know if the horses belonged to William J. or his
father?
Answer. They belonged to old man
Askins. He brought some mighty fine horses here from Shelby County. William Askins
was only a small boy at the time.
Cross-examination:
Question. Do you know about how
many horses old man Askins owned?
Answer. No, sir; I could not tell
you.
Question. Do you know what his
business was?
Answer. Yes, sir; in the stock
business; raising cattle and horses; and he owned some sheep.
Question. From what you know of
Askins's stock and his business do you think he owned enough to have lost as
many as 36?
Answer. He owned enough for the
Indians to have got that many, but I don't know how many the Indians got. He
owned a good many horses.
Question. Do you know what Indians
got Askins's horses?
Answer. Of course I did not know,
but everybody said they were Kickapoo Indians. It might have been Comanches, as
I know they come in here lots of times.
Question. If the Indians went
across the Rio Grande, what Indians were they?
Answer. I don't know.
Question. If the Indians went out
north, do you know what Indians they were?
Answer. I do not know.
Question. How far did old man Askins
live from old man Hinds, who was killed?
Answer. Askins lived a mile and a
half or two miles from the Hinds, up the river.
Question. Do you remember whether
or not the Indians took horses from the pens in front of the Askins house?
Answer. No, sir; I do not. I know
about Hinds, because he was brought to our house.
Question. Do you remember if it was
reported that Askins lost horses about the time Hinds was killed?
Answer. Yes, sir; it was reported
that he lost horses about that time. This was 49 years ago.
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