Henry Garner Lawsuit

Pioneers Vol 4 Wayne Co, Kentucky
Page 111


MARTIN BEATY came into Court, October Term, 1820 and filed a complaint against Peter Catron and Henry Gardner, Defendants and states that on11 Aug 1817 he entered into an Article of Agreement concerning a tract of land containing 50 acres in Wayne on Beaver Creek and a Salt Prospect on the same land with Catron and Garner. Catron & Garner had bored a hole between 330 and 350 feet deep. They agreed to furnish me a agent, all the augus that belonged to them and also the use of a blacksmith during the time I may be boring the Well, etc (see agreement). I further state that I did bore down 500 feet and found sufficient quantity of salt water and moreover I believe there is now a supple which will enable them to make large quantities of salt. After I quit boring, I called upon Catron and Garner and informed them that I had bored to the dept and had no doubt that they had ample supply to make salt in large quantities and required them to bear their proportions of the expense of blowing down the head procuring the metle pipes, furnaces and other necessary requisites for commencing the manufacturing of Salt, which they had agreed to do so some time past. Gardner on his part afterward absolutely refused to comply with by refusing to bear his part of the expense, being 1/4th part of sinking down the well. May it please your honor to subpoena the Defendants to appear and answer the charges in this Bill.

DEPOSIITON OF HENRY GARNER: Henry states that Beaty took upwards of 3 years to bore the well, when it should have been done in 6 to 12 month less time, because of diligence and the tardy manner in which he conducted his business. My self and Catron had about 3 months service and labour sunk the hole or well between 3 & 400 feet that about the distance of 180 feet from the surface, they struck a small vein of salt water which for a small amount of time, appeared somewhat flattering, but in a short time became weak to all appearance and not worth bestowing any attention to. I was not in any circumstances to justify any further loss or risk upon the subject as I have had spent as much money and labour in the business as I intended to do without some profit. The complainant Beaty well knows that the extra amount of time should be on his own and not have us pay for the bacon and other supplies that he furnished. About the time Beaty commenced this suit, I WAS STARTING WITH MY EFFECTS AND FAMILY TO TENNESSEE and Beaty procured a Writ against me and put in the hand of JOSHUA CATTS, THEN A DEPUTY SHERIFF, who pursued me into the County of Cumberland and restrained my liberty, although Beaty does not consider himself bound to pay me one cent or any consideration whatever towards the $3500 that I expended, but on the contrary, thanks it impossible that such a sum could have been laid out and expended for the Little Work furnished at that place and therefore requires full proof of each item.

The Deposition of CHARLES EADES taken at the house of Edward N. Cullom, a Justice of the Peace on 1 May 1821 in a suit pending wherein Martin Beaty is Complaintant and Henry Garner SR. Defendant – Questioning by Beaty: “I heard a conversation between Garner, previous to your (Beaty) arrival, and Catron and I understood from the conversation that you was to bore the auger hole 500 feet deep at your own expense except you struck salt water sooner which in the opinon of a majority of the partners was sufficient to authorize you to prepare for making salt and in that case the partners were all to bear their proportionable part of the expense.
Charles Eades

Page 112

The Deposition of WILLIAM CONWELL taken at the same time as Charles Eads 1 May 1821:

“ I had a conversation with Garner last summer about the salt well on Beaver Creek and he told me that he had seen HULING and that he intended to join him to bore for salt on the Creek below us and take the salt water from us. Ever since I have worked for you, I have heard you (Beaty) and Mr. Catron say that there was and is plenty of good salt water in the well and I have heard Garner say the same. I don’t think there was any unnecessary work done on the well and was done on the cheapest plan as possible. I was present in August 1820 when we put down the pipes and got up good salt water and Garner was there helping and agreed to carry on and pay his part of the expenses.
William Comm Well

The Deposition of ELIZABETH GARNER taken 1 May 1821:

“I have frequently heard Henry Garner say there was plenty of salt water in the well and that he intended settling fairly with the partners and if they would pay, he would also and I head Henry say that he intended taking advantage of the company to doing business with HULING to bore below you and that Garner had sent down to hands to carry on his share of the work as he lived about a quarter of a mile from the well (formally lived).
Elizabeth Garner

The Deposition of HENRY GARNER JR taken 1 May 1821:

“For a while I heard Henry Garner say there was plenty of salt water in the well and afterwards he said he was informed by some of the hands, that there was not and after Garner, Huling and Gregory had entered into partnership to bore below the well, Garner said that they had agreed to bore a hold 300 feet deep, which was to be done in 3 years and that Garner said he had sent 2 hands (workers) to assist in raising the shed over the Kettles but I believe they was not blowing down the head then. Garner sent John Garner to assist and to work at the furnace shed, but I saw you (Beaty) turn off several hands that day before John came and I head you tell Henry Garner that you were sorry that he had not known sooner that he would send his son as you did not wish to rein the business by any unnecessary expenses and I have frequently heard Henry Garner say that he intended taking some advantage of you and the Company.
Henry Garner

The Deposition of WILLIAM CONWELL

“I have been a constand hand at the Well since the summer of 1820 and you (Beaty) and Mr. Catron always appeared pleased with any plan that was adopted and tried to get ready to make salt.”

Page 113
The Deposition of FELIX HAWK taken 1 May 1821:

“I have worked at the well since the head was taken down and if the head was got low enough, there was plenty of salt water for the head to get it out, and Henry Garner say that it would come up “as thick as his arm and as white as buttermilk” and I never saw you or Catron act unfriendly to Garner and always consulted him on all plans and I never knew him to object to the course you pursued until you hired JOHN LEE to blow the well and he then said he would not work any more at the well.. I know the head was taken down and all the improvements made for manufacturing salt such as buildings, furnaces, getting mettle, building sheds for furnace with the perfect knowledge and consent of Mr. Catron and Garner and in my opinion there has been no unnecessary or extravagant work done on the well. Garner sent his hand to work at the furnace shed after the Kettles were brought to the place.”
Felix Hawk

Deposition of JOHN GIBBS taken 1 May 1821:

“I have, at frequent times been to the well since you took down the Head and I heard Garner say that he believed there was plenty of salt water in the well and that he was anxious to get to making salt so that he might stop the money from going to GOOSE CREEK and in his opinion they should have been making salt a year before.”
John Gibbs

Deposition of JERRY T. EVANS taken 1 May 1821:

“I have worked at the Well generally since we commenced taking down the Head and I was present when you (Beaty), Catron and Garner entered into the partnership about the well.”
Jerry T. Evans

Deposition of HARVY YOUNG taken 1 May 1821:

“Henry Garner told me that he had sent 2 hands down to work at the Well, Joseph Young and john Garner, and they were sent back because you (Beaty) did not need them to work. He also told me that he, Garner, had entered into a partnership with Huling.”
Harvy Young

Deposition of SAMUEL YOUNG taken at the same time. (same as Harvy Young above)
Samuel Young

Deposition of JOHN LEE taken at the same time:

“I have been working at the well from some time in the month of Feb 1820 until some time in Jan 1821 at the time I had commenced work, the head was sunk 15 feet, 6 inches and at that time the partners was all going on united and friendly and continued so for some time, until John Jones called on me for some money I owed him, and Garner worked at the head for some time but refused to pay his part of the money, which the Company had agreed to pay John Jones for me and Garner swore he would have no more to do with the well, but would give it up to you, but you refused to have anything to do with it in that way.”
John Lee