Transcription of depositions from Dr Durham's estate papers
In obedience to the above Commission to me dictated. I proceeded to Gainsville, Prince William County, Virginia on Wednesday August 22 1860 in the Ware House of the Manassas Gap Rail Road Company between the hours of 10 am + 2 PM to take the following depositions.
Present D. C. C. Marsteller + Crawford Cushing whereupon Crawford Cushing having been duly sworn upon the Holy Evangelist of Almighty God, deposeth and saith in answer to Plaintiffs interrogations thus:
Question 1st by Ptiff. What is your age, your place of residence and your occupation?
Ans. My age is 35. I reside in Fairfax Co, Va my occupation is a farmer
Question 2nd. Did you ever know a negro woman named Julia, who lived in your neigh- borhood some two or more years ago? If so please say whose slave she was then and for how long you knew her, and what was about her age in 1854. If known to you and what her color and general appearance
Ans to 2nd question. I knew a negro woman by that name belonging to Mrs Harriet W Beedle (?) I knew her for four years, She was 19 or 20 years old in 1854. Her color was black, and she had a conspicuous natural mark in her forehead, rather a grim look.
Question 3rd. Did you ever hire Julia & if so, f how long was she in your employment?
Ans to 3rd question. I hired her for 1853 & 1854 and for 1856.
Question 4th. Was she of good health while in your employment, & if not what was the character of her symptoms & how often & for how long was she sick?
Ans to 4th question. Her general health was good but in the fall of 1854 she had a spell of sickness commencing with spasms a few days after the commencement of her at- tack I took her home to her Mistress. She returned to my house in two weeks to her work Then with exception of an attack of ague and fever that fall, she was not sick again whilst with me.
Question 5th. Was she a mother when she came to live with you or not. Did she or did she not have children whilst in your ser- vice & if so what became of them. If any such child died whilst in your employ- ment or under your observation state the symptoms of its illness if you observed them.
Ans to 5th question. She had been a mother when she came, she had no child with her she had three children whilst in my service. Two of the children were living when she left me. One born in 1853 died in September or October of that year. It was afflicted with an irruption [sic] on various parts of the body particularly of the head. The character of the irruption [sic] was "small white pimples." from a pinhead to No 4 shot in size. The child was in that condition from a few days after its birth until its death. It lived about 4 months. Child born in 1854 was healthy when I last saw it in 1857. The child born in 1856 was sickly, puny, but had no irruption [sic] on the skin.
Question 6th. Is Julia still in your neighbor- hood & if not do you know what has become of her?
Ans to 6th question. She is not to my know- ledge. I have no knowledge of her whereabouts not having seen her since about the middle of the year 1857.
Question 7th. Please state any thing else material in this controversy.
Ans to 7th question. I remarked when I heard she had been sold, "that I should like to know what sort of warranty was given" for I did not believe her sound.
And further this Deposant saith not, Crawford Cushing by Crawford Cushing Subscribed and sworn before me this 22nd day of August 1860. J B Grayson
D. C.C. Marsteller having been duly sworn, deposeth and saith in answer to Plaintiffs interrogatories & e
Question 1st. What is your age your place of residence, and your occu- pation, and for how long have you been such?
Ans to 1st question. I am sixty years old reside near Gainsville Prince William County Va. Am a Physician and Farmer and have been practicing physician about forty years.
Question 2nd. Have you heard the deposition of Crawford Cushing just taken in this _______ & if so did you know Julia of whom he speaks?
Ans to 2 question. I did hear Mr Cushings depo- sition and was well acquainted with Julia of whom he spoke.
Question 3. Were you ever called on professionally to visit Julia in illness, if so, state when and how often & what was the disease under which she was labouring. Please to state fully all the remarkable symp- toms, if any there were, which marked her case?
Ans to 3 question. I was called upon the first of the year 1850 to visit Julia. She then had the venereal disease. I saw her ________, while labouring under this disease She had large shancre [sic] sores about the privates, from which ________ she recov- ered so effectually that from May to the end of the year I hired her to nurse my child and she was healthy.
Question 4th. Was she or was she not subject to spasms at any time that you knew her?
Ans to 4th question. I never saw her suffer- ing from spasms, but was called to see her at Mr Cushings in 1854 when it was ____ to me that she had had spasms.
Question 5th. Is it probable in your opinion that the spasms described by Mr Cushing were attributable to the disease for which you treated her. If you treated her for more than one, to which?
Ans to 5th question. The spasms described by Mr Cushing I did not not consider were caused by her having had the venereal but I thought were owing to uterine der- angement. I did not visit her any more but sent her medicine on the 8th & 13th Sep- tember 1854.
Question 6th. Taking what you know of Julia, in connection with the symptoms described by Mr Cushing, as those which marked the illness of her child. Can you form any, & if so what opinion as to the cause of that child's death?
Ans to 6th question. I am not able to say what caused the death of her child as described by Mr. Cushing. I considered her relieved of the venereal disease and did not visit her children.
Question 7th. Did you know of her losing any other child & if so under what circumstances?
Ans to 7th question. I had no knowledge of anything in regard to her children.
Question 8th. Supposing Julia to be afflic- ted with spasms of the sort spoken of in this deposition still can you form any and what opinion upon the question whether they proceed from the same cause which occasioned her illness at the time she was under your treatment. I mean supposing also that her health has rec- ieved no additional injury in the mean time.
Ans to 8th question. When I first attended on her she had the venereal disease from which she recovered. When I attend- ed on her again at Mr Cushings, her disease was brought about by another cause which I conceived to be owing to uterine derangement.
Question 9th. Did you or did you not see Julia during the past summer (1859) & if so, when, where, and under what circum- stances?
Ans to 9th question. I recognized Julia when she was brought here the past sum- mer at my house. I was getting on my horse to visit a patient who was represent- ed as very ill. Consequently I saw her hurriedly and was informed by the young gentleman that she was brought on for me to identify which I did.
Question 10. Please to state all that you know in regard to this matter which may be material.
Ans to 10th Question. I have stated all that I know which is interesting in the case of Julia. And further this deposant saith not Cyrus C Marstellar (signature, handwriting is poor)
Sworn and subscribed to by C C Marsteller before me this 22nd day of August 1860 J Grayson JP
Costs of this process
| Constable for summoning 2 witnesses | 50= | 1.00 |
| C. Cushing attendance as witness | 1.50 | |
| C. C. Marsteller | 1.50 | |
| Justice for swearing 2 witnesses | 25= | .50 |
| 4 hours attendance | 100 | 4.00 |
| 8.50 |