O Say Can You See

The Deposition of Benjamin Powell of lawful age taken at the Clerks office of Nelson County in the State of Virginia to be read in the above named cause now depending and at issue in the Circuit Court of the District of Columbia for the County of Washington

Interrogatories on the part of the Defendant to the said deponent

Intery 1st. Do you know the petitioner and Defendant in the above suit

Answer. I do.

Intery 2nd. Do you know if any one and who has the right of property in the said negro - is he a slave and if so to whom does he belong?

Answer. I do know, that the Defendant, as administrator of Doct William W Southall, had the right of property in the petitioner. William the petitioner is a slave, and he belongs to the Estate of Doct Wm W Southall whose administrator the Defendant is.

Intery 3rd. Do you know by what tenure Mrs Stras held the said Petitioner, and whether she or any one but Mr Estes had any authority or right to sell or dispose of him.

Answer. I do not know, by what tenure Mrs Stras held possession of the petitioner. And I do not know whether any person but Mr. Estes had or now has any authority or right to dispose of or sell Billy the Petitioner.

Intery 4th. Do you know any other matter or thing which may be of any service, benefit or advantage to the Defendant in this suit. If so declare the same as particularly, as if thereto specially interrogated.

Answer. I do. I know that the mother of the Petitioner was a slave and is now a slave. She belonged to Col. Saml J. Cabell of this County before his death she now belongs to his son William S. Cabell of this County, her name is Patty she was always a slave   and the Petitioner Billy was always a slave and held as such by said Col Saml J. Cabell in his life time and after his death Doct. Saml J Cabell one of the Exers of Saml J Cabell decd. sold him to Doct William W. Southall for the sum of six hundred Dollars.

Benjamin Powell

I the subscriber a Justice of the Peace and one of the Judges of the County Court of the County of Nelson in the Commonwealth of Virginia, hereby certify that I am not of Counsel or the attorney of either of the parties in or interested in the event of the Cause aforesaid and that the aforesaid deponent Benjamin Powell, lives at a greater distance from the place of trial of the said suit, than one hundred miles; and that the said deponent reduced the testimony by him given to writing and subscribed the same having been duly sworn, cautioned & examined according to law by me. And that no notice of the taking of this said testimony was given to the opposite party or to any attorney or agent of his; because the said party was not of himself nor had he any known agent or attorney at the time within one hundred miles of the place of such Caption.

In Testimony whereof I have hereto set my hand and seal this 21st day of November in the year of our Lord 1826

John H. Mosby

State of Virginia, Nelson County, to wit:

I, Spotswood Garland, clerk of the county aforesaid, do hereby certify that John H. Mosby esquire, whose hand and seal is affixed to the foregoing certifica[obstructed by seal] magistrate of the county of Nelson, and that due faith and credit [obstructed by seal] be paid to all his acts and deeds as such.

In testimony whereof, I have hereunto set my hand, and caused the seal of my said office to be hereunto affixed, this 25th day of November 1826, and of the independence of the United States the fifty first year.

Sp: Garland

State of Virginia, Nelson County, to wit:

I, Joseph Shelton, presiding justice of the court of Nelson County in   the state aforesaid, do hereby certify, that the attestation hereto annexed, made by Spotswood Garland, clerk of the said court, is in due form, and by the proper officer appointed by the laws of the said state for that purpose, and that full faith and credit is due thereto, in every court or office in the United States. Given under my hand, at the county of Nelson, in the state of Virginia aforesaid, this 25th day of November in the year 1826, and of the independence of the United States the fifty first.

Jos. Shelton

State of Virginia, Nelson County, to wit:

I, Spotswood Garland, clerk of the county court of Nelson in the state aforesaid, do hereby certify, that Joseph Shelton, whose certificate is hereto annexed is presiding justice of the court of the said county of Nelson in the state of Virginia duly commissioned and qualified to the said [obstructed by seal] according to the constitution and laws of the said state. Given under my hand and the seal of my office, this 25th day of November in the year 1826, and the independence of the United States the fifty first.

Spotswood Garland