Kalar Family Association

The Phares Family File   Pharos Lighthouse
    

THE HORSE CASE
1790
Compiled by  Fred Smoot


     A Few Interesting Facts about John Pharis & his son Robert, of Pendleton County, (West) Virginia, from an Obscure Chancery Court Case.
     These original court papers of Pendleton County Virginia reside in a box of loose papers, and have been microfilmed and are available through Latter Day Saint’s Family History Centers Library system, Microfilm #186499, (see Envelope #3). These few extractions from those records were taken from 18 pages of photocopies made from that microfilm.
     In Pendleton County, then Virginia, now West Virginia, there was a law suit over monies involving John Pharis, Plaintive, and Peter Veneman, Defendant. A gray horse is often mentioned in that case, hence we call it, the “Horse Case.”

DEPOSITION OF SERAIAH STRATTON

Pendleton Se
In a Suit in Chancery Now pending between John Pharis plaintiff & Peter Veneman Deft, I provided on the 10th of August, 1790 at the house of Jacob Conrad to take that Deposition of Seriah Stratton who being of full age & first Sworn on the holy Evangelist of Almighty God Desposeth & Sayeth that John Pharis’ first wife Died in the last of the Year 1778, and Sd Pharis then Lived in the Abligania, And in the Year of 1779 in April or May Sd Pharis was married to his second wife & and about the same time Sd Pharis moved to Thos Wilmoth’s place, And this Depondent Sayeth that Geo. Walker Who was a witness to the Note of John Pharis’s to Peter Veneman had proved at a formal tryal that he witnessed the Note some time before he, the Said Walker, Moved away from the Buffello hills which the said Walker Declared an Oath to be in the Year 1778, And that this Depondent remembers that Geo. Walker Moved from the Buffello hills in the fall of the Year 1779. for this Depondent Says he built Mill & set it agoing in June in the Year 1779 ________ was a Costumer to the Mill Some time after the building of it while sd Walker yet Lived in Buffello hills. This Depondent Sayeth that Conrod Good removed from the South branch in the fall of the year 1780 & about that time John Pharis sold a Gray horse to John Burns for One Thousand Pounds paper money and this Depondent Sayeth that he thinks Sd horse might been worth about Eight or Nine Pounds hard money at that time and further sayeth Not ~~~

Seraiah Stratton
Sworn before me the day & }
year above Written - - -         }
Robt Poage

DEPOSITION OF THOS COLLETT

Pendleton Se.
In a suit in Chancery now Depending between John Pharis Plnf & Peter Venneman Deft, I proceeded to take the Deposition of Thos Collett who being of full age & first sworn on the holy Evangelist of Almighty God Deposith and Sayeth that John Pharis came to Thos Wilmoth’s plantation in the year 1779 and further Sayeth Not ~ ~ ~
his            
Thos + Collett
mark           
Sworn before Me this 19th of }
August 1790 ~ ~ ~                 }

DEPOSITION OF ROBERT PHARIS

Pendleton Se
In a suit in Chancery Now Depending between John Pharis plaintive & Peter Veneman Defent I proceeded to take the Deposition of Robt Pharis who being of full age & first sworn on the holy Evangelist of Almighty God Deposith & Sayeth that this Depondent was at the house of Peter Veneman one Night & on returning home, P. Veneman walked some distance with him & told this Depondent he would be glad that his father would send him home the money he borrowed of him this Deponded Asked Veneman how much it was & he said it was but a trifling it was about fifty or sixty Dollars And this Deponded Sayeth that a Gray horse that Jno Pharis got with his first wife Sd Jno Pharis sold to Jno Burns for £1000 And further Sayeth Not ~ ~ ~
Robert Pharis
Sworn before Me this 19th of }
August 1790 ~ ~ ~                 }
Robt Poage

DEPOSITION OF JOHN SMITH

The Deposition of John Smith taken the 20th Day of July one thousand seven hundred and ninety this depondant Being of first Sworn upon oath Sayth that John Phares lived on Margret Willmoth’s plantation in the Buffallo hills in the year of our lord one thousand Seven hundred and Seventy Nine to the best of his ____ and this Depondant further sayth Not ~~~ Sworn to before me this day above written ~~~
James Patterson


CONCLUSIONS

     Robert Pharis, later to live in Randolph County Virginia, is the son of John Phares, of Pendleton County Virginia. Confirmed by Robt. Pharis’s deposition, 19 August 1790, in Pendleton County.
     John Phares, father of Robt was married twice; the first wife died in “the last of the Year 1778,” and then John married his second wife in April or May 1779. From Seraiah Stratton’s deposition.
     In 1779, John Pharis moved to the plantation of Thos Wilmoth. In John Smith’s deposition, we see the Plantation referred to as, “Margret Willmoth’s.” It is possible but not proven here that Thos Wilmoth died and John Pharis married the widow, Margret Wilmoth. The plantation’s location is given as being in the Buffalo Hills, which is an area just northwest of Franklin.
     The tombstone of Robt Pharis is located in the Phares-Pritt Cemetery in Valley Bend, Randolph County, West Virginia. The stone shows “Robert Phares Died Oct. 2, 1823 In his 62 Yr.” therefore we place his birth as 1760/1. This and the fact that Robt was “of full age” in 1790, in order to give the deposition, shows that Robt had to be the son of the first wife of John Phares.






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