John Dils vs Henry May & Others - Pike County Historical Society

The plaintiff, John Dils, Jr., states that the defendants Henry May and David May on the ___________________ day of ___________, 1862 in the county of Pike with force and _____________________ entered the plaintiffs tan yard in the town of Pikeville and took therefrom leather of the value of $2,500.00.

The plaintiff, John Dils, says that the claim in t h i s action against the defendants Henry May and David May is for damages, for trespass and taking and converting, to their own use, personal property taken by the defendants from the plaintiff; that it is a just claim and that he ought to, as he believes, recover the sum of $3,100.00 from said defendants.

The defendant, Dorsey HARMON, for answer to the plaintiff, John Dils, states that it is untrue that he, on the 1st of August, 1862, in the county of Pike or on any other day with his co-defendants Henry May and Jackson Fry, in connection with other persons, by himself or with others, with force and arms entered the store house of plaintiff and took therefrom without the consent of the plaintiff a large amount of store goods or any other quantity; that he did not take one portion of the goods charged; that each allegation is false insofar as t h i s defendant is concerned. That he took no items charged, to:wit.

Wise County, to-wit: Wilburn Fulton SWC: I command you to summons James W. Sykes, Franklin Taylor, William Rose, Washington Phipps, John A. Mullins, Emmanuel Fleming, William Fulton and James Mullins to appear at house to be examined on the 19th day of February, 1872, before me a Justice of the Peace.

O.C. Bowles states that in a conversation he had with R. S. Draper, at Louisa, Kentucky a short time after the goods were taken, that said Draper told him that he thought that the loss of Dils and goods and etc., would not exceed $1,200.00 or $1,500.00. That this evidence he did not communicate to defendant May until after the trial.
Signed: O.C. Bowles

Henry May says that since the trial of the above cause he has discovered that he can prove that R. G. Draper, a witness for plaintiff, stated in a conversation with 0. C. Bowles in Louisa, a short time after the goods were taken that the loss sustained by plaintiff and goods did not exceed $1,200.00 or $1,500.00. This fact was communicated to the Affiant since the trial.
Signed: Henry May

Nathan Ratliff and John Ratliff says they are acquainted with John and David Mullins, two witness sworn in the trial of the above cause, and they are acquainted with their general moral character in the neighborhood in which they live in Wise county, Virginia, and their general character is bad, and from their general character they would not be entitled to execute an oath as a witness. These f a c t s were not dictated to this defendant until after the trial of this cause.
Signed: John Ratliff, Nathaniel Ratliff

“CROSS INTERROGATORIES”

The plaintiff, John Dils, requests the witness James .I Ratliff, who is called upon to answer Interrogatories by defendant dated July 15, 1873 to also answer the following cross-interrogatories:

Where did you first see Col. Menifee’s command while he was on the way to Pikeville at the time spoken of, and what means have you of knowing where the
defendant May got with said command.
Did you or not, swear in your deposition given at the house of Harvey May in Harrisonville, Missouri on the 27th day of August, 1870, that you were not in the store house of plaintiff Dils at any time during the evening the store was robbed. Please state if you were in the store or not that evening and what means have you of knowing that Henry May was not in there with the other soldiers.
What means have you of knowing what connection defendant May had with Menifee’s command on that occasion? Did not May travel some days with said command before you got with it? What kind of assistance did Col. Menifee require of defendant May? Did he not ask May for his riding horse and would not May have been afoot himself had he l e t the horse have gone? Did not this conversation that you speak of take place at the house of plaintiff Dils’ mother-in-law and sister-in-law? If defendant May belonged to the Confederate service state what command it was and what means have you of knowing that he was a soldier?
Have you not heretofore stated in the presence of William Damron and John Dils at said Dils yard, shortly after the first trial of this cause, that defendant May knew that Col. Menifee was coming to take Dils’ good the night they were taken? Did you make this statement about the same time at or near the mouth of Shelby Creek, Pike County in the presence of William Damron, and did you say the same thing to A.J. Ford, and if you did make such a statement was it true.

Signed: John Dils, Plaintiff

By: Ratliff and Bowles, Attorneys

” INTERROGATORIES”

The witness, James Ratliff, is requested to answer the following Interrogatories on behalf of the
defendant:

State if you was a confederate
officer, a soldier in the late war? If so, to whose command did you belong?
State if you was present or along with Col. Menifee’s command on or about the 1863
when Col. Dils store was robbed?
If so, did you see the defendant Henry May along with the command? Where did May get with the command and for what purpose did he, May, come to the town of Pikeville? Was you present or
about the store the night the goods were taken? If so, did you see defendant May in or about the store? And state if you had opportunities to have seen him if he had been about the store?
State if you saw defendant May on the night the goods were taken? If so, at what place or places and what was he doing?
State if you know what connection defendant may have, if any, with Menifee’s command.
State if you know if Menifee or his men about the time the goods were taken, or immediately afterwards going to defendant May for the purpose of procuring assistance in carrying off the goods? If so, what did he say and what did he do?
Which way did Menifee’s men go from Pikeville and which way did defendant May go after the goods were taken? Where was defendant May for the next eight or ten days after the taking and state if you know what became of the goods?
State if you know defendant May was a soldier.

Signed: Henry May By A. Auxier, Atty.

STATE OF KENTUCKY PIKE CIRCUIT COURT DECEMBER TERM, 1866

Please, before the Honorable Judge of the Pike Circuit Court be it remembered that at the December
term of the Pike Circuit Court and on the trial of the case in which John Dils, Jr., was plaintiff and Henry May was defendant, the following testimony was introduced by plaintiff : William Billiter was sworn, states that he was on the opposite side of Big Sandy River from Piketon, Kentucky that two men with Henry May came to where he was about one mile from Piketon and arrested him. Henry May was along at the time of his arrest, but some person along unknown to witness took him to col. Menifee’s headquarters and a gun was taken from witness. Said Henry May was in the advance– arrested him and witness was taken back to Menifee some 50 or 100 yards. That Menifee and his men were then coming towards town. That he was brought back to town under arrest by said men. This was about dark, and that night about dark or a little after the sacking of Dils’ store took place by Menifee and his men, him being under guard in the store. Then another and in a trial of said cause, William Campbell was sworn and testified as follows: States that he was home on Chloe Creek the night the store was robbed as he supposes. I saw gaurd defendant May with the ground in the day going towards Piketon, Kentucky. Next morning about daylight or alittl e before, discovered persons on the road passing with as he supposes bundles of goods. Did not see May at that time with those persons.

The crowd that passed was Menifee’s crowd. May was with them armed they passed next morning again before daylight with what seemed to be goods. could not recognize anybody. Jake Syck then sworn states that he had a conversation with May a few days a f t e r the goods was taken and a t a time when a parcel of us was sworn. Mr. May stated that he was close by on the bank some 100 yards but on his horse. I had another conversation with him at Dils’ after the first one. I spoke of a gun that had been taken from Billiter. May claimed it. I did not see May with any goods of any kind only or either aid or assist in any way of the taking. Was not in town when the robbery was made.

Grundy Draper then introduced and sworn states that at the time the store was robbed of the goods he was plaintiff’s clerk. A party of men armed came to Piketon. I was arrested by them near the corner of Scott’s Store house, went to house of Mr. Harrison Ratcliff, and a short _ Ratcliff who was along with the party and I went down the street in the direction of plaintiff’s store. I saw a light in the store and asked Ratcliff what it meant. He responded and said, Col. Menifee was clerking there. The door was fast or shut and I did not get in. They said they would keep or give memorandum for goods taken. I saw Henry May at the time the goods was taken. Don’t know whether he had a gun or not. There was several persons armed outside and inside the store, mostly inside at that time. I can’t say that May was inside the store, I think I saw him on the street. I saw Col. Menifee come out of the store. It was dark about as I suppose one hour after dark. I looked upon Menifee as the commander and because of the goods being taken did not see May, nor did I at any time during the night or at any time se May aid, abet or assist or take or carry off any goods whatever. Said he thought he saw him outside the door when he came up.

David Mullins then introduced and sworn states I remember the time that Col. Dils’ store was robbed or goods taken. I passed in company with the party of men belonging to Col. Menifee on Chloe creek. Henry May was along. I heard it talked along the road that Dils’ store was to be robbed. I heard no one of the party along object. I am, however, not right certain whether May heard the talk. I did not see May in town when we arrived there, nor when we left did not see May with goods of any sort. I did not see the goods taken out of town. I was at the upper end of town as a picket. I think there was, however, about 100 loaded with goods. Did not see them all. I saw a portion of them go up Shelby with goods, can’t t e l l how many there was, but few horses in the crowd. I was along and MAY May present and belonged to Menifee’s command. Tray)did not belong to Menifee. It was the common talk that they were going to Piketon and Dils’ store. May was along armed.

John Mullins then introduced and sworn. I knew that at the time the store was robbed that some few goods went up Shelby Creek. Most of the goods went over Sandy River and on the road toward Chloe. Witness states that i t was talked that the crowd was coming to rob Dils’ store. I saw May that evening and various persons loaded themselves with goods. It was in the night. I never saw May take any part in it or get any goods, nor advise it. Did not hear May say anything whatever about taking goods. I belonged and was with Menifee’s command. May did not belong to Menifee. There was 100 men or more with Menifee at the time Dils’ store was robbed. The avowed object of the party was to rob Dils’ store. It was openly talked all along the route. May was along armed and he is confident heard the purpose spoken of . He has no doubt of this and states he is confident in it.

Payne Johnson sworn states: I was a prisoner at the time the plaintiff’s store was robbed, but did not see it done. I think, but I am not certain, that I saw May with a gun. I did not see May at the store of plaintiff, nor did I see him with any goods on (JOHNSON) the occasion. He was a prisoner at the end of town.

Thomas Johnson sworn states: The night the store was robbed I was at the store house of plaintiff. I saw Henry May there in the store. Menifee remarked, “Close the door,” he was going to clerk. May was smiling. I don’t know when i t was a week or day or month or year. The men engaged or those present had __________ of liquor . Henry May was armed with a large butcher knife, they call them Yankee killers. He did not do one thing, nor did he take a thing. He done nothing. This was about dusk. Dow Yosts worn states : On the day the store of plaintiff was robbed, I saw the goods in the store, a good stock in my opinion, in that there was about four or five thousand dollars worth. I saw the store and goods after it was robbed.

Robert Ford sworn states: I was arrested and held a prisoner by the men who came to Piketon under command of Col. Menifee the night the store of plaintiff was robbed. I did not see Henry May that night. I saw the goods in the store before robbed o I think then there was some four thousand dollars worth of goods in it. Not a merchant nor a judge of goods. Ms. Georgia Ann Adams sworn and states: I
was at homes I saw Col. Menifee in town. I was near the store door alarmed. I saw May in the store, I t was just about midnight. I did not see May have any goods or do anything whatever. He was standing still . I saw him also at the lower store in the main street near the corner of Harrison Ford’s dwelling about 8:00 o’clock the robbing began. They left about 3:00 o’clock in the morning. She knew Henry May very wellHe was inside the house.

J. S. Ratcliff introduced by defendant and sworn states: That he was a confederate soldier in a
Kentucky regiment. He was along with May in Piketon at the time the store of plaintiff was robbed.
Henry May was not under the command of Col. Menifee at the time and absolutely refused to obey his order the night the store was robbed. I was with him twice that night, I was in the store. May was not there that I seen. I saw May at my mother’s at the upper end of town when Draper and I went down the street. They were robbing the store. The reason May and myself came to town was, if possible, to prevent Menifee’s men from robbing my brother Joseph Ratcliff then at Pikeville May had no goods, carried nine anyways. Menifee’s men came to my mother’s house where May was. They wanted his horse to carry goods on. May said they could not get his horse to carry stolen goods on unless they took him and that would be hard to do. May and I left town together. May had no good s . May abused Menifee o his soldiers , This was during the time they were robbing Dils. During the robbing Menifee became alarmed with the report of the approach of home guards, called me out. I went out, but only refused to go and May also. May said he would only come if the home guards would capture or kill Menifee and all his men for they had no business in Piketon. I was with May when he left town and walked some of the way. When I left my mother’s house at the upper end of town a little after dark,I left May there that night, went straight to the store stopping at my brother Harrison Ratcliff’s a few minutes and then immediately on in a few minutes went to the store when Menifee and his men was taking the goods. In coming to Piketon I heard no talk about robbing Dils’ store. It was by and through my persuasions and solicitations that Henry May that night came to Piketon with me, fi la possible to prevail upon Menifee’s men not to rob my brother’s, J. Ratcliff’s store in Piketon as it was talked amongst them that i t was intended. May and I were together in coming to town when store was robbed and do not recollect of hearing anything about Dils’ store. We l e f t town together after the robbing in different directions to t h a t taken by Menifee’s men who had the goods. May did not belong to Menifee but acted with the Fifth Kentucky Rebel Regiment.

Joseph Ratcliff introduced and sworn stated: At the time of goods of Dils’ was taken I had goods in Piketon. I saw Henry May in town. He came and called me out . He said to me that Col. Menifee had threatened to steal his goods and that he, May, was opposed to his stealing goods and that he would do all he could to prevent it from being done. This was after dark sometime . When he left he went across from my house in the direction of the street, a different direction to that where Dils’ store was. I did not know May did not belong to Menifee’s command. Never seen May with them before or after that time. May belonged, as he understood, to Jack May’s regiment. First he knew about Menifee was about he came out of h i s house and some guards put around his house. May said his store had threatened to be robbed, but that he would save it if he could. The witness went in the house then and went to sleep, that he was not molested, he was not robbed.

Mrs. Peggy Ratcliff then introduced and sworn states: That she lived in Piketon, Kentucky at the time the store was robbed. May was in town, rode up to my house with my husband Harrison Ratcliff, hitched horse close to my house , came in to my house and remained there for one hour, I suppose for supper. Some eight or ten persons ate supper at my house that night. They said they were Menifee’s men and was going to rob Dils or take his goods. Henry May said he would not have anything to do with it. This was an alarm made my husband said too May, ” let us go”. May remarked “I don’t care if the home guards kill Menifee for he has no business here”. The next I saw of May was at the upper end of town at Mrs. Ratcliff’s, my mother-in-law, it was about 2:00 o’clock. Henry May and my husband, Harrison Ratcliff, left together up the river. May bid me good- by, he had no goods. May and my husband left before Menifee left, or his men. After May and my husband had left I saw lights in storehouse of plaintiff, heard voices and saw men. These men, or most of them, left by a different road. Menifee’s men, or most of them left by different road to that taken by May and my husband Mrs. Martha Damron sworn states: About an hour after night, May came to my house in town and stayed about one hour at my house. He left my house and went further up the street to old Mrs. Ratcliff’s. In a few minutes after May had left my house, Harrison Ratcliff and Peggy, his wife, came to my house. Menifee and his men had been here a short time before May came. Harrison Ratcliff and Peggy left and went to old Mrs. Ratcliff’s . It was in the night. Miss Betty Owens sworn states: That I was Ratcliff and Peggy, his wife, came to my house. Menifee and his men had been here a short time before May came. Harrison Ratcliff and Peggy left and went to old Mrs. Ratcliff’s . It was in the night. Miss Betty Owens sworn states: That I was home at the upper end of town of Piketon. I saw Henry May about two hours after 9:00 or just before Dils pass out of town. May was at our house during his stay. Two men came and said that Menifee wanted May’s horse and said too May that Menifee wanted his horse to carry a load on. May replied and said his horse could not carry stolen goods. May left our house in a few minutes. It was about two hours after I heard Menifee’s men until May came to our house. I am the daughter of old Mrs. Ratliff in the upper end of Piketon. May stayed at our house about fifteen or twenty minutes. I ma a daughter of old Mrs. Ratliff and sister-in-law of Dils and it was near 12:00 when May left our house and that Dils was a private citizen. That May was at his mother’s, but I do not think that her brother, J. S. Ratcliff,was there at the time. She did not think that her brother, J. .S Ratcliff, was there at the same time.

Solomon K. Damron sworn states: I was dodging from these men who came to Piketon. Heard them in town. It was nearly light before they all left or at first chicken crow, daylight next morning. I saw some strangers in town when I came in home. There was a soldier laying in front of his fire. I was, before that concurred time, clerking for Col. Dils, sense-red with witness Draper in his testimony of the estimate of the goods before store robbed. Saw it next day. Main body of Menifee’s men left about 3:00 o’clock. Camped the night at Piketon and went up Chloe and on the road leading to Virginia.

Plaintiff recalled William Campbell, who proved that a few days after the store was robbed he saw
Henry May on upper Chloe in a fight with home guards. Did not see Menifee, don’t know that he was in the fight.

Martin Thornbury was then introduced and proved that he, with some 60 home guards, fired into Menifee’s men near Lewis Sowards’, that they was the home guard and they together with Capt. Caudill’s men of the Fifth Kentucky fired upon each other and they had a skirmish of a fight lasting for some time and close at William Campbell’s on upper Chloe Creek. The fight between the home guards and Caudill’s and Menifee’s men commenced at Henry May’s house. I, afterwards had a conversation with May and he told me he was in the fight and that if the home guards had not fired into Caudill’s men he believed they would have let Menifee and the home guards fight it out. Menifee’s men was in the fight, We fought about three miles. He proved that when Menifee’s (the Home Guards) men run, they/run up against Caudill’s men and the fight was then continued.

Mullins states that he seen Henry May in the fight spoken of by Mr. Thornbury and he was in the
fight also. May was in the fight and had a gun and took part in it. The defendant then introduced James L. Ratliff, who proved he was in the fight on upper Chloe between the home guards and the Southern troops. Henry Hall introduced proved that he belonged to Caudill’s company of fifth Kentucky that he was in the fight spoken of by Ratliff. That the fight commenced between home guards and Caudill’s and Menifee’s men at or near Mays’ house. That Mya was at home when the f i g h t with Menifee’s men began and Caudill’s men were then above May’s house in the road. May left and went around the orchard field. He was on his horse and had his gun with him. He went in the direction of Caudill’s camp.

The plaintiff made affidavit that he had discovered witness by whom he could prove conversation
between defendant and Mrs. Hamilton on the night Dils’ store was robbed and asked the court to be
able to introduce him, tow which the defendant objected. The court overruled the objection.
William Lockard, was then introduced and testified that he was standing in the door of Mrs. Hamilton’s residence the night Dils’ store was robbed by Menifee. Heard a conversation between Mrs. Hamilton and he thought defendant May in relation to the robbery. Does not remember all that was said. He heard Mrs. Hamilton ask May what those men were doing and May replied, “faking Dils’ goods. Did not hear May say that it was alright. Think she saw May standing in the street near store house during the robbery. Did not see May take any goods or have any in his possession.

This being all the testimony after the argument of counsel, the Judge retired and after due deliberation, the jury retired and after due deliberation returned into court the following verdict upon which the Court rendered the following Judgment: The defendant thus move the Court for a new trial upon following grounds and filed in support through the affidavits of Jerimiah Osborne and others and the plaintiff then filed the counter-affidavit of Thomas J. Owens, etc., upon which motion of the court rendered the following judgment to which Judgment of the court, the defendants accepted and s t i l l accepts, and here tenders his b i l l of exceptions which he prays may be signed and sealed and made a part of the record which i s accordingly done.

Signed: R. Apperson, Jr.

Henry May states that since the trial of the above cause he has discovered that he can prove that John Mullins and David Mullins, two witnesses who were used by plaintiff in the trial of the above cause, are men of bad moral character in the neighborhood in which they live, and not entitled to credit when on oath as witnesses. These facts he could not with reasonable diligence have discovered before the t r i a l because of the fact that he did not know they were to be used as witnesses in the case until they were produced at the trial.

I, Jerimiah Osborne, state that I ma acquainted with the general moral character of David
Mullins and John Mullins, two witnesses sworn in the trial of the above cause, and their neighborhood which they both lived, to-wit: Wise County, Virginia, and that their general character is bad and from that general character they are not entitled to enact an oath as witnesses, and this fact they did not inform the defendant May until since the trial of said cause. Signed: Jerimiah Osborne

DEPOSITION OF A. J. MAY
Taken October 12th, 1867

Clerk’s Office of Tazewell County in the town of Jeffersonville, state of Virginia, to be read as
evidence in an action of John Dils, Plaintiff and Henry May, etc., defendants, pending in the Pike Circuit
Court.

The witness of lawful age and fine mind, sworn, deposes and states that the leather spoken of in
his deposition given in this action to-wit; on the 12th day of March, 1866, in Jeffersonville, Virginia, that said Henry May did no,so far as witness knows and believes, approach and take any part of said hides or convert to his own use.If he had done so, I would have known it and further this affiant sayeth not.
Signed: A. J. May

WHEREAS, at the December term, 1866 of the Pike Circuit Court, there was a judgment rendered in
the above cause in favor of the plaintiff John Dils, Jr., against the defendant, Henry May for the sum of $50.20, $21.80 cost. And, whereas, at the time of said t r i a l and the rendition of said judgment against the defendant, Henry May, the action stood against the said Henry May and A. J. Fry. Said action being founded not upon contract, but upon alleged trespass. And, whereas, the said defendant, A.J. Fry, at the time of the trial and rendition of the judgment, aforesaid was not before the court by service of summons with actual or constitutional, nor had he answered the petition of plaintiff, nor had he executed any bond in s a i d a c t i o n , nor had he either by himself or an attorney, filed any pleadings, affidavit or other writing in said cause or
made any motion therein, nor had the said defendant. A.J. Fry, or any one for him in any other manner or anyone for him in any manner entered his appearance in said action, nor was the said defendant A. J. Fry before the Court in any manner or form whatsoever. And, whereas, said t r i a l and the judgment rendered against Henry May was premature, illegal and unauthorized and the rendition of said judgment a clerical mistake.

Now, therefore, M.r John Dils, Jr., the plaintiff in the above action, you are hereby notified that I shall, on the second day of the May term, 1867, of the Pike Circuit Court make a motion in said Court before the Honorable Judge thereof, to have said judgment vacated, annulled and set aside. I shall make said motion during the motion hour of said second day of said term. I shall make said motion upon the following grounds:

First, because said action was prematurely tried; Second, because the above judgment was rendered against Henry May before the action stood for trial;
Third, because the rendition of said judgment against the defendant, Henry May, without any disposition of said cause as to the other defendant, A. J. Fry, was a clerical mis–, at which time you can attend if you see , Henry May.
Executed by delivery a true copy of the within to John Dils, J r. , this April 27th, 1867.
James Ferguson, J. P.

“James L. Ratliff, witness of lawful age having been duly sworn on behalf of defendant makes an
oath and says; my age is 37 years, I reside in Bass County, Missouri and I have since April, 1869: I ma well acquainted with both plaintiff and defendant, John Dils and Henry May, and have known them ever since I was quite a small boy. I knew them in Pike County, State of Kentucky. I resided until April, 1869 in Pike County, Kentucky. About the last day of July or first of August, 1863, I was Lieutenant of a company of confederate troops who went in the company to Pike county, Kentucky and encamped about the mouth of Shelby Creek, some six and a half miles from Pikeville. On the same evening one Col. Menifee and his command came along by our command and went to Pikeville. I and Henry May went along to Pikeville together on the same evening that Menifee’s troops went in Pikeville. I saw Col. Menifee and his troops in the store of John Dils in Pikeville in the same even in engaged in robbing Dils’s store . Henry May was not present at any time during the robbing of Dils’ store that I could see. I saw him frequently at other places in Pikeville during that evening. I was at the door of Dils’ store at times during the evening, but did not enter the store. After the robbing of Dils’ store I saw one of Menifee’s men go to Henry May, who was then at my mother’s, and heard him tell Henry May that Col. goods on. horse to Menifee wanted his (May’s) horse to carry May replied he should not have his (May’s) carry Dils’ stolen goods off. Afterwards during same evening I heard Henry May refuse the use of his horse to Menifee’s men for the purpose of carrying rations. Col. Menifee’s men went up Chloe Creek with the goods they had taken the same night of the taking. And I and Henry May went up to the mouth of Island Creek and then up Island Creek and crossed over to Shelby Creek and remained there the balance of the night and the next day. And I and Henry May remained together some eight or nine days after that time. I saw nothing of the goods taken by Menifee’s men, and never during that time saw May in possession of any of said goods.

Signed: J. L. Ratliff

DEPOSITION OF MRS. KATE CECIL
Taken on the 10th day of August, 1870 at the residence of C. Cecil, Sr., in the town of Catlettsburg, Kentucky to be read on behalf of the defendant in an action in which John Dils, Jr. is plaintiff and Henry May, etc., is defendant, pending in the Pike Circuit court. Mrs. Kate Cecil, having been f i r s t sworn according to law states as follows: I have before me a certified copy of my evidence in this case taken in the Pike Circuit court, said copy is all correct except in this that John Dils l e f t Piketon some two hours before Henry May came to our house. All the balance of the evidence is correct in said certified copy and referred to and make part of my deposition. Said certified copy is marked “A”. At the time I gave my evidence, my name was Kate Ratliff, since then I have married Mr. C. Cecil, Sr.

Signed: Kate Cecil

The depositions of James Mullins and Spencer Mullins taken at the Circuit Court Clerk’s office in the town of Pikeville, Pike County, Kentucky on the 10th day of June, 1870 to be read as evidence on behalf of plaintiff in the suit of John Dils, Jr., plaintiff against Henry May and others, defendants, pending in the Pike Circuit Court, County of Pike, State of Kentucky. The deponent, James Mullins, of age, speaks as follows: Mr. Mullins you will please state your age and residence?

A. I am going on 41 years old on the 8th day of April, so my parents say, and I live in Wise County, Virginia.

Q. Are you acquainted with the defendant, Henry May, if so, how long have you known him?

A. I have saw the man several times.

Q . Do you know any thing of plaintiff Joh n Dils’s store being robbed? If so, when was it and where
was the store and by whom was it robbed?

A. I know of it being robbed. I think it was in the year 1861 or 1862, the last of July or the first of August. It was here in town, Pikeville, Kentucky. I saw Col. Menifee and Henry May loading goods out of the store. I saw it myself.

Q. Mr. Mullins, to refresh your memory, was or not, the robbing committed in 1862, the last of July or first of August, at the time Menifee came to Pikeville from Wise County, Virginia and at the same time Capt. Moore and Caudill came to Pikeville with their company from Tazewell County, Virginia? Was there any other force in or near Pikeville besides col. Menifee’s command? If so, what force was it?

A. Yes, sir. Caudill’s men were up here at Chloe at least I saw a part of them there.Q. Was this upper or lower Chloe that you speak?

A. Upper Chloe.

Q. Was you with Col. Menifee on the march to Pikeville, if so, from what point did Menifee start?

A. Yes, sir. I was with Menifee he started from the south of the mountain about a mile from
Mr. Centers.

Q. Was defendant May with Menifee while____________ ____________ ____________ if so long before he started?

A. He was there. I came there the day before he started and he was
there when I come. I saw him there the day before I started was the only time.

Q. Do you know or did you hear May say what his business in Menifee’s camp was?

A. I heard him say that he came there to get Menifee and his men to come down and take
Mr. Dils’ goods.

Q. Did you see May while Menifee was on his march to Pikeville? If so, when did you first see him?

A. I saw him and I first saw him at the mouth or up on Upper Chloe. The command called a halt there.

Q. At the time you speak of seeing May at the mouth of or up on Upper Chloe, did you hear anything said about robbing Dils’ store? If so, by whom and who said it.

A. I heard Henry May say at that time that all who would go with him in the advance guard he would give them a pair of boots and a hat out of Dils’ store.

Q. Did you see May after the company reached Pikeville

A. I saw him in the store house. Who’ s store do you speak of? Dils’.

Q. Was this in day or night? I t was in the night

A. it was in the night.

Q. You speak of seeing May. what was he doing.

A. He was then with the command.
Q. Do you know of him doing anything besides giving information to Menifee about the goods? If so, what was it, that is before the start to Pikeville?

A. All that I know of his doing is that he said he wanted Menifee and his men to go with him to take Dils’ goods.

Q. Where did Menifee and his men go after the robbing?

A. I think they went to John Chase’s in Wise County Virginia

Q. Did you see May on the trip back to Virginia, or after the command got there? If so, when did you see him?

A. I never saw him after the left town here.Q. Did you go to Virginia with the command?

A. No, sir.
Cross-Examined:

Q. Menifee on the south of the mountain?

A. They came and taken me there.

Q. Who took you there?

A. Capt. Sykes.

Q. What did you come to Pikeville with Menifee for?

A. I came because they took me prisoner and brought me on with them.Q Did you have a gun on the trip to Pikeville?