O Say Can You See

The depositions of Nathanial Wilson and Josephus H Wilson, Witnesses of full age named and produced on the part of the above named defendant taken upon the following Interrogatories also furnished by the said defendant

1st Interrogatory - did you know Sarah Kirby the Wife of John Baptist Kirby, formerly of Prince Georges County in the State of Maryland and more lately of Washington County in the District of Columbia

2nd Interrogatory - At what time did you first know the said Sarah Kirby, where did she then reside, do you or not know that she subsequently removed to the State of Kentucky

3rd Interrogatory - Did you or not know the said Sarah Kirby in the State of Kentucky. is she dead or alive and if dead, when did she die, state as exactly as your knowledge will enable you, the time and place of her death.

The Answer of Nathanial Wilson one of the Witnesses before named to the aforegoing Interrogatories

To the first Interrogatories he answers and says I knew her very well

To the second Interrogatory he says in the year 1779 I first became acquainted with her she resided then in Prince Georges County in Maryland and subsecantly[?] removed to Kentucky

to the third Interogatory he says
I knew her well as she lived with me ten or twelve years after she came to Kentucky. She is dead for I saw her draw her last breath on the first day of June 1829 or 30 at my Residence in Shelby County State of   Kentucky

Nathaniel Wilson

The Answer of Josephus H Wilson one of the Witnesses before named, to the foregoing Interrogatories

To the first interrogatory he answers & says she He knew her very well

To the 2nd interogatory he answers and says
I first knew the said Sarah Kirby in the year 1814 She lived at my fathers (Nathaniel Wilsons) in Shelby County Kentucky

To the 3rd interogatory he answers and says
I did know her Sarah Kirby in the State Kentucky She is dead and died at my fathers residence in Shelby County Kentucky on the first day of June in the year 1829 or 1830 I am not certain which

Jos H Wilson

I James C. Burnett presiding Judge of the Shelby County Court State of Kentucky not being of counsel or attorney for either of the parties mentioned in the preceding caption, nor in any manner interested in the event of the suit depending between them do certify that I did cause Nathaniel Wilson and Josephus H. Wilson witnesses named and produced to me on the part of the above named defendants to come before me at the house of the said Josephus H. Wilson in the County of Shelby and State of Kentucky on the fifth day of August in the year eighteen hundred and thirty six, and have taken the Depositions of the said witnesses on interrogatories furnished by the said defendants which said interrogatories and the answers of the said Witnesses to the same are hereunto annexed and enclosed. I certify that before the taking of the said depositions the said witnesses were by me duly examined cautioned & sworn to testify the whole truth in the matter depending between the said parties in the said suit or action that at the time of taking the said depositions the said witnesses were in the County of Shelby in the State of Kentucky and more than one hundred miles from the City of Washington in the District of Columbia and that there so being at the distance of more than one hundred miles from   the said place of trial was the cause and reason of taking their said depositions. I further certify that the said depositions were severally reduced to writing by the persons whose depositions they purport to be, in my presence, and the same having been reduced to writing, were severally subscribed in my presence by the said witnesses. except the deposition of the said Nathaniel Wilson which was reduced to writing by me in the presence of the said Nathaniel Wilson and having been read to him was by him approved and signed. That I did not give or serve, or cause to be given or served on the said plaintiff or any Attorney or Agent of hers any notice of the time and place of taking the said depositions and to be present and put[?] interrogatories if she should see fit, because the said plaintiff or any Attorney or Agent of hers was not within one hundred miles of the said house of the said Josephus H. Wilson in the County of Shelby and State of Kentucky the place where the said depositions were taken to my knowledge.

In Testimony whereof I have hereunto set my hand and affixed my seal this the fifth day of August in the year eighteen hundred and thirty six, and do return the said depositions and interrogatories with this my certificate to the Honourable the Judges of the Circuit Court of the District of Columbia for Washington County.

Ja. C. Burnett PJSCC (seal)

State of Kentucky
Shelby County Sct

I James L. Whitaker Clerk of the County Court for said County do Certify that James C Burnett whose name is subscribed to the foregoing Certificate now is and was at the time of doing the same the senior and presiding Justice of the County Court for said County and commissioned and sworn according to Law And that full faith and credit is & ought to be Given to all his Official Acts as such In Testimony Whereof I have hereto Subscribed my name and caused the Seal of Said County to be Affixed this 9th day of August 1836

Ja L. Whitaker clerk Shelby County Court