Few documents of eighteenth century Virginia are packed with the kind of human drama or genealogical value as the case of Shobe vs Hyer in the Hardy County Superior Court record. Jacob Stookey was a youth who was captured by the Indians during the French and Indian War in Maryland in the 1750's. He lived among the Shawnee Indians (as an Indian) for the subsequent half century. Meanwhile, his family migrated from Maryland into what is now Hardy County, West Virginia. Jacob Stookey was never heard of again until the early 1800's when he, as a sick old man, wandered back into the east and demanded his share of his father's land grant. The depositions below are part of the litigation that grew out of that circumstance. Since much of the punctuation in the following documents is unreadable or non-existent, some punctuation has been added for clarity. Documents are otherwise printed as written.
Shobes Lessee vs In E___ HyerEvidence of Velantine Power who proved that about the year 1757 having been previously taken by the Indians from the South Branch of Potocomauk he saw a white man a prisoner among the Indians at Detroit called Jacob Stooky, that he conversed with said Jacob Stookey who informed him that he was taken by the Indians at Connoch colgheauge in Maryland, that he was called among the Indians by the Indian name of Nouegehaw & Jacob Stooky told the Witness that his fathers name was Stooky & wore a long beard, that the Witness was a prisoner among the Indians between four & five years & most of that time knew & frequently seen said Jacob Stooky, that a part of the time the said Jacob Stooky lived on opposite Sides of the river, that soon after the Witness returned from the Indians to the South Branch he met with Jocob Stooky the father and enquired if the Witness had seen a prisoner among the Indians by the name of Jacob Stooky. the Witness replied he had and described him his age & other circumstances upon which the said Jacob Stooky the Elder replied that is my son. the Witness in the month of February 1802 saw Jacob Stooky the Devisor & from all circumstances vizly the foregoing & his conversation with him at this time believes him to be the same man whom he saw by that name among the Indians that he resembled the Stooky family that Jacob Stooky Senr did wear a long beard. the Witness does not recollect to have seen a scar on the temple of Jacob.
Deposition of Margaret Shobe in the presence of Jacob Shobe son of Jacob and Jacob Hyer & also in the presence of counsel for each of the said Parties. The said Margaret Shobe aged about sixty six years after being solemnly affirmed? affirmeth and saith that Jacob Stookey who returned to the said County of Hardy in Jan'y 1802 & what then divided the land in controversy between the said parties resembled the Stooky family and every body that saw him thought he was the man this deponent states him to be, that during Braddocks War there was Waggons pressed to go Cumberland, that the said Jacob with others went with said Waggons to Cumberland and there ran off & left their Teams because they were unwilling to go farther, that the year after the said Jacob was taken prisoner by the Indians as he was drawing grain, that about two years last fall Abrm Eyman sent a letter to the husband of this deponent in which he mentioned he had brought his old uncle from the Shawnee Towns. my Neighbors hearing of this asked me if I should know him. I said I did not know but he had the mark of a kick of a Horse & that if I saw that I would know him, that when he came this deponent took her Specks & looked at the mark & knew him to be her Eldest brother when she saw the mark. this deponent took him to be the man & was satisfied he was her Eldest brother.
(Signed) D. Welton her (Signed) Adam Fisher Margaret x Shobe (Seal) markThe deposition of Christopher Armentrout Sr was taken before us this 4th day of September in the year of our lord 1804 at the dwelling house of John Armentrout in the County of Hardy State of Virginia between the hours of ten oclock in the forenoon & five oclock in the afternoon of the same day by Virtue of a Commission from the District Court holden at the Courthouse in the County of Hardy to us the subscribers two of the Justices of the Peace for said County of Hardy and Adam Fisher directed to be evidence _________ in a suit now depending in the said District Court in which Jacob Shobe is Plt and Jacob Hier Deft at which time & place the said Jacob Hier was present and the said Christopher of lawful age being duly sworn deposeth and saith that about forty years ago the deponent was a prisoner with the Indians, that at the Indian Towns he met with a white man also a prisoner with the Indians who told him his name was Jacob Stookey and that his fathers name was Jacob Stooky, that this deponent at that time was not acquainted with Jacob Stooky the father of Jacob Stooky the prisoner but from what the said Jacob Stooky the prisoner told this Deponent at the time he saw him he has every reason to believe that he was the son of Jacob Stooky who died on the South Branch about twenty or twenty two years ago and who owned the land which the said Jacob Hier now holds part of, that after he this deponent came in from the Indian Towns he became acquainted with Jacob Stooky the father and told him that he had seen his son Jacob a prisoner with the Indians, that the said Jacob Stooky the father did not doubt this deponents word but turned away & cried, that the said Jacob Stooky the prisoner told this deponent when he saw him at the Indian Towns that he was sixteen years of age when he was taken by the Indians, that he was taken on Conoco ohiague and that he had an uncle whose name was Paul Shaver, that this deponent saw the man Jacob Stooky under whom the said Jacob Shobe claims the land now held by the said Jacob Hier when the said Jacob Stooky came into this Country about two years ago but he was so sick at the time this deponent saw him that he could not talk to this deponent or this deponent could have discovered with certainty whether he was the same Man Jacob Stooky whom he saw a prisoner as aforesaid, that Michael Stooky another son of the said Jacob Stooky the Father. died before the said Jacob Stooky the father.
Quest. By the Deft Jacob Hier: Do you know for certain that the Man you saw here two years ago that you speak of was the same Man you saw at the Indian Towns? Ans: I dont know that he was. Quest By Deft: How long did Michael Stooky live on the land now in dispute? Ans: I dont know. perhaps Eight or Ten years. May be more may be less. And further this Deponent states that when he met with the said Jacob Stooky the prisoner at the Indian Towns the said Jacob the prisoner enquired of this Deponent where he had been taken from, that when this deponent informed him that he had been taken from the South Branch of Potowmack the said Jacob then enquired whether this deponent was acquainted with Paul Shaver who lived on the said South Branch, that this deponent answered him he was and that said Jacob then told him said Paul Shaver was his said Jacobs uncle this deponent. this deponent states that he was acquainted with the said Paul Shaver & that he was a relation to the family of the said Jacob Stooky the father. Quest By Deft: how did you know that Paul Shaver was related to the said family of the Stookys? Ans:. I heard Paul Shaver say so. further this deponent saith not. taken before us as above stated.
(Signed) James Seymour (Signed) Abraham ShobeAgreeable to a Commission to us directed issued by the clerk of the District Court holden at Moorefield we the subscribers two of the Justices of the Peace for the County of Ross in the state of Ohio have this 15th day of October 1803 at the Courthouse in the County of Ross in the state of Ohio between the hours of 10 oclock in the forenoon & sunset of the same day proceeded to take the depositions of George Whetstone, Jacob Stingley & Sarah Whetstone. 1st The deposition of George Whetstone who being duly sworn on the holy Evangelist of almighty God deposes & saith that in a conversation with Margaret Shobe he heard Her say that she had sent a letter or would send a letter to Jacob Stookey who had been taken prisoner by the Indians & had been absent about forty three or forty four years to come in & recover the land occupied by Michael Stooky & after his decease occupied by Abraham Stooky & David Stooky and sold by them to Jacob Hier. the above conversation took place after the sale of the land to Jacob Hier.
his George x Whetstone markThe deposition of Jacob Stingley who deposeth and saith that in a conversation with Jacob Stooky decd about four years before He died he informed him that the land he lived on should belong to his two sons Abraham and Michael Stooky.
(Signed) Jacob StingleyThe Deposition of Elizabeth Stingley deposeth & saith the facts mentioned in the Deposition of Jacob Stingley are all within her knowledge & if drawn at length would be the same.
(Signed) Elizabeth StingleyThe deposition of Sarah Whetstone who deposeth & saith that about one year ago last winter a person called at the house of this deponent who said his name was Jacob Stooky & that he was brother to this deponent. he staid there for some but this deponent did not know him as a brother.
(Signed) Sarah WhetstoneThe deposition of Margaret Huffman taken before us, Abraham Shobe & William Heath in a suit between Jacob Hyre and Jacob Shobe this deponent being first sworn deposeth & saith that after the death of Michael Stooky she heard Jacob Stooky his father say that the said Michaels two sons should have one half the place, that people had said that Abraham Stooky after his death should be heir to all the place but he said No, Michaels boys should have what their father was to have. Question by Deft: how long since Jacob Stooky told you this? Ans: 22 years next January. Questn by Conrod Carr as agent for Plt: how long did Michael Stooky die before his father, Jacob Stooky? Ans: nine or ten days and further this deponent saith not. Subscribed this 25th day of August 1804.
her
Margaret \ Hufman
mark
(Signed) Abraham Shobe
(Signed{ William Heath
Teste John L. Sehon C. C.
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