Madison County, Kentucky Circuit Court Suit #5129
James Barnett, William Barnett and Richard Gentry (plaintiffs) entered into a contract with Asa Smith on 4 November 1808 which employed Smith to navigate two boats loaded with tobacco and other goods to the city of New Orleans. Smith was paid $600 and was allowed to take a horse in one of the boats. Smith was obliged to make sale of the property in the boats for the best market that could be got, and make returns of the proceeds to the plaintiffs. Smith also had the benefit of the sale of the boats after the goods were delivered. Peggy Breden was the witness to this contract.
The plaintiffs were to furnish two boats in the Kentucky River and load them with tobacco, flour, whiskey, linnen, thread, etc. James Barnett’s boat was called Venture, and William Barnett’s boat was called Fox.
The boats were loaded at the Goggins warehouse on 21 March 1809 by John Goggin with goods owned by James Barnett, Samuel Lackey, Gabril Lackey, Elijah Moran, Nicholas Hawkins, William Hawkins, Joseph Goin, John Bowling, John Ross, Joseph Stephenson, Charles Cothren and Elijah Moran. On 23 March they took on eight hogsheads of tobacco at the Quantoro Warehouse some of which was owned by William Montgomery. This manifest was certified by Richard Allen, warehouse inspector, and Achilles Ballenger was listed as the captain with Asa Smith called the master.
The cargo of the Venture consisted of 37 hogsheads of tobacco, 200 bushels of corn and flour which were sold before the boat was sunk, one double barrel of whiskey, one horse belonging to Asa Smith, one little horse for Arington Sowel, 200 pounds of hoggs lard belonging to Smith, 243 pounds of lard belonging to Wallice Estel and thread being sold for Mrs. Jane Morrison.
The Venture and Fox traveled with a boat owned by William Coleman who had traveled down the river ten times. A few of the employees who gave depositions were Moses Nethercutt, Arington Sowell, David Hunt, Newton Sowell, William Sanders and Johnathan Taylor. There were twenty or thirty employees altogether.
On the Mississippi River about six miles below the Chickasaw Bluffs in the evening David Hunt landed his boat. For some reason Smith and Colman passed him by and landed further down river about 40 or 50 yards apart.. After having the Venture cabled, stern fastened and bailed out Smith started to go ashore to get green cane for his horse. However, Colman stated that he called to Smith to come to his boat and drink grog and that Smith and James Cummins were both drinking when the Venture sank. Smith and another deponent stated that Smith was just leaving the Venture to pick cane and was still aboard when it sank.
In the meantime the Fox, captained by David Hunt came on downstream to tie up near the other two boats. Coleman yelled for him to tie up above his boat, but when he was not able to reach that spot, he commanded him to pull in between the two boats and to put out siting poles to keep the boats apart.
Hunt passed on down to Smith’s boat and one of his hands (Newton Sowel) threw the cable on top of Smith’s boat and jumped on himself. Somehow he fastened the cable around the steering oar which slid down to where the oar lay on the top of the stanchen that had the pevin and threw out the starn, pulling apart the end of the boat. A cry went up that Smith’s boat was sunk. About twenty to thirty men from the different boats collected to the sunk boat and first got out the horses which swam to shore. Then they got what corn, flour and light plunder they could get. Coleman urged Smith to take out the tobacco that they could get, but Smith went to one of his hands and talked to him and they hung back and would not work at length. Coleman told his hands that as Smith and his hands had quit, that they would too.
Here the story again varies by deponent as Smith claims that he worked as hard as he could considering that he had been sick for several days. He and two other men also claim that they worked till midnight to salvage everything onto two small skiffs and one canoe. There was willow in the way preventing them from unloading the tobacco easily. When they finished at midnight they were wet and cold and sat around a large fire on shore drinking whiskey freely.
The next morning Smith was counseled to go back to the garrison for help, which he did. Benjamin Allen hired a diver to retrieve the barrels, but all were sopping wet; even the best coopered barrels had leaked and all the tobacco was ruined.
About 9 or 10 o’clock in the morning the other two boats started for New Orleans again.
The court ruled that Asa Smith did nothing wrong, but that he should pay the plaintiffs for the goods that he was able to sell.
Friday, February 15, 2008
River Trip From Boonesborough to New Orleans
Labels:
Asa Smith,
Kentucky River,
Mississippi River,
riverboats,
tobacco,
William Coleman
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