Deposition of Dr. Evan J. Bonine, April 25, 1850

My age is twenty nine years Cassopolis has been my place of residence for the last three or four years, but I have been traveling for about a year past. I am acquainted with some of the parties to the suit with some all of the Osborn’s Nicholson, Lee, and Jones. Am not acquainted with McIlvain I saw Thornton Timberlake the plaintiff while he was here but I have no acquaintance with him. I was here in Cassopolis at the time the Kentuckians had the negroes here. 

(A portion of the deposition of Charles Jones taken on the part of the plaintiff was here read to the witness relating to this witness taking a rifle ball out of his pocket and saying he would put it through some of them before they should take away the colored people.) 

Question State all you know respecting the said matter referred to by the said Jones and whether you made any such statement? Answer, I do not recollect of saying any such thing or of seeing Jones until the evening of the day the negroes were liberated. Then I saw him in the Court House. I have no recollection of doing any such thing as taking a rifle ball out of my pocket. Question According to the best of your recollection did you or did you not at the time the Kentuckians were here carry a ball about with you? (This question was objected to by Plaintiffs Counsel) Answer, I don’t recollect any thing about it. Sometime I went a gunning and had balls in my pockets but don’t recollect of having any at that time.

I do not recollect of having any conversation with Jones anywhere while the Kentuckians were here, I sometimes practice medicine, I did not at that time here...

I was here the most of the time that the Kentuckians were in Cassopolis. It would be hard for me to state what was done here there was so much going on. Question, State what you heard the defendants say or saw them do or any of them while the Kentuckians were here in town towards allaying or quieting the loud talk or excitement among the people (This question was objected to by plaintiffs counsel generally and on the ground of tautology in the interrogatory)

Answer I think I heard some of them telling the crowd to be quiet that they had given up to go to trial and that was all they wanted or something to that amount, I don’t know that I saw any of them use violence at all, Josiah Osborn is the one that I heard cautioning the crowd that was about to be quiet. The most of the defendants there were opposed to a row?   

Question, Did you hear anything said by any of the defendants at that time to the people about keeping quiet for that all they wanted was a fair trial and that the Kentuckians said they were willing to give a fair trial, If no state what was thus said and by whom? (This question as objected to by plaintiffs counsel)

Answer, I have stated that I heard Josiah Osborn say they had better keep quiet all they wanted was a fair trial. This took place the first day. Several of us went out to meet those coming to town and it was coming in that I heard it, Don’t recollect of any one in particular but I talked with most of the defendants and they said they wanted to see it tried fair and to see how it would come out or something tot hat amount, When we met the Kentuckians and the crowd coming in the Kentuckians said they were going to come to trial. I did not hear the defendants say or see them do anything to increase the excitement of the people . 

Being cross examined by Mr Pratt on behalf of the Plaintiff Witness says:

At the time of the occurrence I resided in the village here. I went out for the purpose of assisting in getting the Kentuckians and slaves back. I think it was about sunrise that I went. I stated I believe at the request of Walter G. Beckwith, He said he wanted me to go along with him to bring the Kentuckians and Slaves back as the Kentuckians and been stealing some negroes. He’s aid they had been stealing them out at Stephen Bogues and at Shugarts. I called [crossed out] started a few moments after he called me to go. Beckwith and Histed? Went with me. I saw Stephen Bogue in here that morning to raise men to go. We met the crowd about six or seven miles from here. Dont recollect how many Kentuckians there were but I guess about nine or ten. There was a good many with the Kentuckians, think some twenty five or thirty, Dont think these were a great many men.... There were some blacks with these but dont know how many Have no idea how many there was besides the Slaves.... 

…There was some quarreling between the Kentuckians and some of the crowd or some words as we came along and when we first met them, One of the negroes was walking and he was handcuffed and his head was bleeding and he appeared to be tied and William Jones wanted the Kentuckians to go off from his horse and let the negro ride. The Kentuckian told him he wouldnt do it or something like that and they had some words. Dont recollect what the words were I told them to hush there was no use of making a fuss. (The counsel for the plaintiff objects to the last statement of the witness as to what he himself said as being no part of the answer to the Counsels question)

…There was something said after we came in about what legal course should be taken. I presume I consulted about it considerable. I wanted to see the matter investigated fairly (The last part of the witnesses answer was objected to by plaintiffs counsel as no answer to his question) 

Question, Was there not consultations during the first day as to sending for Ebenezer McIlvain to come here and did you not talk with individuals upon that subject? (This question was objected to) 

Answer, I dont recollect of any consultation neither did I know there was such a man until after he was sent for I did not know there was such a man In the course of the first day I should think there was something near a hundred people here in the village, I dont think there was three hundred. I dont think there was two hundred, Ihave no idea what portion of them were blacks. I dont recollect anything about it. There were some blacks here. I presume there was more than a dozen. I dont know how many. I did not go around to examine who was black and who was white, I saw some of the defendants here Thompson Nicholson and I think Ishmael Lee were here, I saw William Jones here but dont recollect as to Josiah Osborn…

I think I was in the courtroom both days, I saw defendant McIlvain there the second day, but can’t tell how many there were there I did not pay any attention to the crowd to know how many was there, Dont know that there were more blacks here the second day than the first, When I met the crowd on the first day some of them had sticks or cudgels…. 

Question, Did not one of the defendants tell you where some slaves were kept that the Kentuckians were not able to get that morning? (This question was objected to)

Answer, I do not recollect any thing of the kind

Question, By way of refreshing your recollection witness I ask you whether one of the defendants did not tell you after the affair here in the village was overt bout some of the slaves having been kept concealed and fed for a few days and then taken off? (This question was objected to)

Answer, Not to my recollection, Dont recollect of having a conversation with one of the defendants in regard to that subject

Question, Did you start away on the morning of the first day to prevent the Kentuckians from taking off the slaves?

Answer, We did

(The last question was objected to immediately after it was answered by the witness, and the answer was given immediately after the question was put)

There was some excitement on the part of the people the first day about the Kentuckians and the negroes. I think it was on the subject of the Kentuckians taking away the slaves. It was about the same on the second day.