TRANSCRIPT OF JOSEPH PHILIBERT DEPOSITION IN MISSOURI SUPREME COURT CASE  AGAINST THE  WILLIAM GILLIS ESTATE. FILED JANUARY 15, 1875 Contributed by Wilma Fields All rights reserved.

 

JOSEPH PHILABERT COURT DEPOSITION Note: The xxx’s denote illegible words in the document.

The defendants read in to evidence  the depositions of Joseph Philibert, which is in words and figures: to-wit

Joseph Philibert of lawful age being produced, sworn and in the part of the said defendant, deposeth   and saith,

 

Interrog 1st.   State your name, age, residence and occupation.

Ans.   To Int. 1st. My name is Joseph Philibert. My age is sixty eight years. My residence is at the mouth of James River in Stone County, My occupation a farmer.

 

Int. to 2,   Are you aquanted   with Plaintiffs and Defendants in this case.

Ans.   I am not but I have heard of them.

 

Int.   3rd.   Were you aquainted with William Gilliss, the Tester mentioned in this case If yea, state when and where you first became aquainted with him. 

Ans.   I was aquainted with him. I became aquanted with him in Ste. Genevieve. The dates trouble me. It must have been in 1819 or 1820.

 

Int. 4th.   What business were you engaged in from the Sring of 1822 to the spring of 1831 and at what place.

Ans.   In Sept. 1822, when I first came to James Fork Trading Post. I went to work at the Gun Smith s business. I worked at that business for a few weeks, when I was employed by   Gilliss as a clerk and there I was   mostly I was engaged to sell goods as a clerk at the Delaware Trading House on the James Fork of White River.

 

Int. 5th.   In whose employ and under whose direction and control were you during that time.

Ans.   Was in the emplooy and under the control of William Gilliss, during that time till 1830.

 

 

Int. 6th,.   Who besides youself was employed as cleck in the Indian trading business under Gilliss at the James Fork Trading Post.       Ans.   No one but a young man by the name of William Myers from June 1827 to he mouth of Swan Creek which is now Raney County, Mo. Where the town of Forsyth is now located.  

  

Int  7   State as near as you can the month and year you first came to the James Fork Trading House to remain in business.

Ans.   To 7th   I came to James Fork Trading Post between the 1st and 18th of   September 1822

  

Int.   8   Statenthe name of the county and state in which said James Fork Trading House was located and how near was it to your present place of residence.

Ans.     Where James Fork Trading Post was located is now in Christian County and State of Missouri and about forty   miles from my present place of residence and about fourteen miles southwest of Springfield, Mo.

 

Int.   9th   What tribe of Indians did Gilliss supply from said Post. Please state the name of each tribe and the distance each tribe was located from said trading post.

Ans.     He was the trader if the Delaware s, but when the Shawnees, Peoria, Weas, and Piankeshaws came we traded with them.

 

Int.   10th.   State if Gilliss had a house at or near the mouth of Swan River. If yea state during what time and what tribe of Indians were supplied from that Post.

Ans. He did have from the 1827   xxxxxxxxxxxxxx xxxxxxxxxxxx part of the year 1829. The Weas, Peoria s, and Piankeshaws were supplied from that house.  

 

Int.   11.   State the distance and direction from the James Fork Trading Post, the tribes of Indians mentioned were located.

Ans       The Delaware s lived around the James Fork Trading Post, above and below and the other tribes mentioned forty miles south near t

 

Int. 6th,.   Who besides youself was employed as cleck in the Indian trading business under Gilliss at the James Fork Trading Post.

Ans.   No one but a young man by the name of William Myers from June 1827 to he mouth of Swan Creek which is now Raney County, Mo. Where the town of Forsyth is now located.

 

Int.   12   What part of the business at said trading post did you specially attend to while in business there under Gilliss.

Ans.   I laid in the goods and sold the goods for furs and peltry.

 

Int.   13.   When did William Myers come to the trading house in the employ of Gilliss.

Ans.   To the best of my recollection Wm. Myers came there in the employ of Gilliss the latter part of the summer of 1827.

 

Int   14.What part of the business did Myers specially attend to.

Ans.   He traded with the Piankeshaws, Weas and Peorias at the mouth of Swan part of the time . The remainder of the time he was under me at the James Fork Trading House.   There was no necessity of Myers remaining at the Mouth of Swan all the time as we had a man named Basila Bryers stationed there in charged of that branch house in Myers absence to take care of the property as a hired hand. He was not able to work. The house was shut during Myers absence.

 

Int.   15,   What kind of a house did Gilliss live in while he was carrying on said business and where was his dwelling home located. Please describe the house fully and give a diagram of same from memory.

Ans.     It was one story hewed log house known as a double house with an open entry between. The south room was a kitchen-the north room was Gilliss   room. A door from each room opened into the open entry and one door on the west side of the kitchen opening to the outside. One window in the east side of Gilliss   room and a chimney at each end of the house. This was locate at the James Fork Trading Post- a diagram of said house which I have made from memory marked exhibit   A   is hereto attached and which is a description of said house.        

 

Int.   16   Who was Gilliss   housekeeper and state who all occupied the house, stating the occupants of each room during Gilliss   residence at the James Fork Trading House.

Ans.   Two Negro women   -   Gilliss   slaves kept house for him.   The North room was occupied by Gilliss and myself and when Myers came there he also occupied the same room. The Negro women and their children occupied the kitchen being the south room.

 

Int.   17   What were the social and confidential relations existing between you and Gilliss while you were together at James Fork Trading House and were you acquainted   with his private affairs and his relations towards the Indian women of the tribes he traded with.

Ans.   From the very beginning we were intimate together. We were more like brothers than friends. I was acquainted with his private affairs if he told me the truth. I was acquainted with Gilliss   relations with the Indian women of the tribes with whom he traded.

 

Int.   18   Were you acquainted with Poquas a Delaware Indian woman if yea, state when and where and how long you knew her.

Ans.   I was acquainted with Poquas a Delaware Indian from September 1822 to 1833. I saw her first in Gilliss   house at James Fork. She was there when I landed at the trading house . She remained in the vicinity of James Fork till the Fall of 1830 when she went to Kaw River where I knew her till 1833 when I left Kaw River.

 

Int.   19   What were the relations between Gilliss and Poquas.

Ans.   When I first met her they lived as man and wife. They so lived till sometime in October 1822 when Gilliss went to the Arkansas River in a trading expedition. Before he left he requested me to see to her. After that they did   not live together as man and wife.

 

Int.   20   Do you know of Gilliss having a child by Poquas . If yea state when and at what time the child was born, the sex, and name of the child.

Ans.     I know that he had a girl child by Poquas. It was born the last of October or the first of November 1822. I went after the midwife when the child was born. We called the child Sophia. Gilliss named the child Sophia Gilliss after his return.

 

Int.   21   Were you acquainted with a Natta Koque Indian woman belonging to the Delaware tribe commonly called Little Girl. If yea, state when and where and how long you knew her.

Ans. I was acquainted with her from 1822 to1833 at James Fork Trading Post. While the Delaware lived there and afterwards at Kaw River while I lived there.

 

Int.   22   Do you know what the term Natta Koqueas applied   to Indians means. If yea, then please explain the same fully.

Ans.   I only knew that they were a band of the Delaware tribe calling themselves Natta Koqueas. The children born took their name from their mother not from their father.   All the tribes with which I was acquainted did the same. Little Girl s parents were half NattaKoque and half French.

 

Int.   23   Do you know what were the relations between Wm. Gilliss and Little Girl. If yea, state the relations.

Ans. I do . He kept her as his wife. I think it was in the year 1824 when he first took her. It was at James fork Trading   Post.   In the fall Gilliss went to Black River Swamp on a trading expedition and took Little Girl with him about the same time I went to St. Genevieve I meet Gilliss at Hicks Ferry Current River, Arkansas State. From there we went to   Big Black River and remained there till late spring. When Gilliss went to St. Genevieve and had pack horses and I brought Little Girl back for Wm. Gilliss to James Fork Trading House. She remained with Gilliss till about the   1st of May following when she went back to her father for good. Did not live together after that.

 

Int.   24   Do you know of Gilliss having a child by Little Girl, if yea state the time and place and the sex and the name of the child.

Ans.     I do. The Child was born about   two months after she left Gilliss about July 1824 at her parents about one and ½ miles from the James Fork Trading House. It was a girl. He, Gilliss named her Mary Gilliss.

 

Int.   25   Who kept and provided for and raised Sophia Gilliss and Mary Gilliss.

Ans. They remained with their mothers till they were old enough to go about then they were given to Mr. Gilliss .   William Gilliss then kept them at his own house in the hands of his black women. During the absence of Gilliss, I saw to them, that they were provided for.

 

Int.   26   What was Mr. Gilliss   conduct towards and treatment to the said children.

Ans.   His treatment was that of an affectionate and good father.

 

Int.   27   When and where did you   last see Sophia and Mary Gilliss.

Ans.     At Gilliss House on Turkey Creek near Kaw River in Jackson County, Missouri in the year 1833.

 

Int.   28     Were you acquainted with Leharsh a Piankeshaw Indian and his wife and children. If yea, state the time and place when and where you first became acquainted with them and how long you knew them.

Ans.     Yes. I have seen him often, but never had any dealings with him. First met him to my recollection at Pinsauneau   Trading House on the Osage about the year 1825, afterwards saw him and his family encamped near one trading post when he was moving with his family to the mouth of the Swan. To the best of my knowledge he had two sons and one daughter. After Leharsh and family moved to Swan River his wife and children lived in one of the houses owned by Lirimier which was left in the possession of Gilliss.          

 

Int.   29   Were you acquainted with the daughter of Leharsh . If yea, state the time and place when and where you first became with her and about her age and how long and where you   xxxxxxxxxx to know her and her name if you remember.

Ans.     I was. I saw her at different places while encamped at the James Fork Trading Post and also when they lived at the mouth of Swan in the Lirimier house. I saw her at different times, I believe from the year 1825 to 1829 until shortly before the removal of the Piankeshaws to Grand River. I don t remember her name now.        

 

Int.   30 Do you have any knowledge of any intimacy existing at any time between Gilliss and Leharsh s   Daughter during the time that Gilliss lived at James Fork Trading House. If yea, state all about it.

Ans.   I have not, nor never knew of any intimacy existing between them.

 

Int.   31   While you were under Gilliss at James Fork Trading Post subsequent to the time that Leharsh moved to the mouth of Swan., did Gilliss to your knowledge remain any of his time at the trading house at the mouth of Swan. If yea, state how he was there and how long he may have   xxxxx

Ans.     I recollect about you or three times that he was   down there and stayed one night only that I know of. He might have been there fifty times when I was away from home.

 

Int. 32   Do you know what year and the time of year the Piankeshaw Indians moved from the mouth of Swan to Grand River now in Cass County   Missouri.

Ans.   To the best of my recollection it was in the fall of 1829

 

Int. 33   Do you know who moved them

Ans.   Gilliss I suppose was the man that moved them.   I recollect very well when he returned from moving them.

 

Int.   34. When were you at the removal of the Piankeshaw Indians to Grand River.

Ans.   I must have   been at home or near the trading post. I did not see them pass the trading post at James Fork when they moved, but Gilliss stayed one night at   the James Fork Trading Post.

 

Int.   35     Were you at home at the James Fork Trading Post when Gillis returned from Grand River.           Ans.     I was at home.

 

Int.   36   About what time was it when Gilliss returned from Grand River.Ans.     It must have been the latter part of November or the first part of December 1829.

 

Int.   37   Where did you remain during that winter of following spring after the removal of the Piankeshaws.

Ans.           I remained during the winter at James Fork Trading Post and made a trip to Three Forks of White River.

 

Int.   38 How long were you gone from home on that trip to Three Forks of White River,

Ans.       It might have been   two weeks - it might have been three weeks I know it was not long.

 

Int.   39   What   season of the year was it that you made the trip to Three Forks of the White River.         Ans.     I think it was November.

 

Int.   40   State if you saw any member of Leharsh s family at Gilliss   house at James Fork Trading Post at any time in the winter and spring after the removal of the Piankeshaws to Grand River.

Ans.   I don t recollect of seeing any   of them there.