"The Long Way Home" part 3
- Brently Johnson
- Jun 6, 2020
- 5 min read
Updated: May 19
Phoebe had been restless throughout the night, but dawn had finally arrived, and the welcome scent of coffee drifted through the lodge. As soon as Nancy and William had risen, dressed, and readied themselves, the three of them would make their way to Mr. Woodfin's office—just a short distance away—and set the proceedings in motion.
Their meeting with Mr. John N. Woodfin, Esq., proved encouraging. He was prepared to file her claim on a contingency fee basis, which suited Phoebe well. The litigation would likely be a lengthy process, and with the Jordans holding presumptive rights to the estate for the time being, the proceeds would remain in their hands until the matter was resolved. They agreed to return the following day to review a draft of the claim. For now, Phoebe intended to enjoy the remainder of the beautiful autumn day in the company of Nancy and William.
She was heartened to have the process underway at last. Within a few days, she would travel to visit friends who lived nearby. In the meantime, Mr. Woodfin had asked them to give careful thought to potential witnesses—individuals who could attest to her marriage and the other facts upon which her claim rested. It had been a considerable length of time, and the challenge would be to identify those who were both old enough to remember those years and still living. After all, the events in question had occurred some forty-five years prior. As she discussed the matter with Nancy and William, it became clear that Nancy herself was an obvious choice. Reuben's nephew—still legally her nephew by marriage—who had since relocated to McMinn County, might also be deposed. He and Phoebe's children had spent many happy days visiting and playing together on the Buncombe County plantation in their youth. Reuben Casada was somewhat older than Nancy, but the difference in their ages had been no obstacle to childhood friendship.
It did not take long to appreciate that the travel required for depositions alone would be considerable. Mr. Woodfin indicated that he believed the court would draw upon Reuben's estate to cover those expenses. They agreed that William would serve as the plaintiff's representative at the depositions. The question remained: who else might have knowledge of her marriage to Reuben Johnson? Certain old friends and acquaintances from Pendleton, South Carolina, would recall her and Reuben living together with their two children before his mother persuaded them to return to Buncombe County. However, those witnesses who remembered primarily her second period in Pendleton might not offer a favorable account. Mrs. Orr, by contrast, would be a valuable witness—she had always been a kind and steadfast friend.
Phoebe's mind began to turn once more to how Sallie Jordan's side would respond to the filing and whom they might call to establish not only that she was Reuben's lawful wife, but that he had been of sound mind when he executed his final will.
She hoped that before departing for Tennessee, she would have the opportunity to review the defendant's attorney's answer to her claim and his list of witnesses. It had already been decided that, given Phoebe's age and the considerable physical discomfort she endured from rheumatism and arthritis, she could not travel from state to state for depositions. She had accordingly granted Mr. Woodfin her power of attorney, authorizing him to act fully on her behalf.
Phoebe slept more soundly that night, reassured by Mr. Woodfin's confirmation that the complaint would be filed within the statute of limitations and that both her claim and her children's claim would be heard by the court. He could guarantee nothing, of course—but Phoebe could not help but reason that a successful attorney of his standing would not have agreed to take the case on a contingency fee basis unless he believed it to be a strong one. He would be reimbursed by the court for travel expenses only, and nothing for his time, should she and her heirs not prevail.
She rose early the following morning, well rested and eager to learn what Mr. Woodfin's firm had prepared. As the three of them enjoyed breakfast at the lodge, she looked forward to reviewing the draft complaint and, afterward, making inquiries as to the whereabouts of her closest friends. It would likely be some time before the complaint was formally filed with the court, and she wished to review the final draft before that occurred.
They made their way through the morning air. The mostly unpaved streets of Hendersonville were dry enough to avoid mud yet sufficiently moist to keep the dust settled. The autumn had not yet brought rain. Phoebe felt her energy renewed by the purpose of her mission, and she allowed herself to simply enjoy the quiet character of the small town. She had lived in rural surroundings for nearly forty-five years, apart from occasional visits to Athens, Tennessee, to see Nancy. In her part of Blount County, Maryville had grown steadily into a small but lively town.
Phoebe had never been one to pass a stranger without conversation, and she took genuine pleasure in discussing the growth and progress of the country whenever she made her way to Maryville. As best she could determine, the town's vitality owed much to several converging industries: the timber trade from Walland and Townsend; the leisure business generated by the Alleghany Springs and Calderwood lodges, where wealthy Southerners came to escape the summer heat on the eastern side of the Alleghany Mountains; a large marble quarry in the Louisville, Tennessee area; and favorable access to established trading routes. Together, these factors had made Maryville a natural crossroads where goods were exchanged and transported.
From Maryville, a variety of roads facilitated the movement of goods in every direction. The old Federal Road—a toll road—extended from Knoxville, Tennessee, to Savannah, Georgia, passing through Maryville along the way. One could also divert onto the Unicoi Turnpike to reach the Piedmont region of the Carolinas. The Federal Road further connected to portions of the old Indian Warpath Road, which eventually led to Cumberland Gap and the Great Valley Road—sometimes called the Wagon Road—and from there to the Old Wilderness Road. That final stretch, owing to its steep terrain and narrow path, could still only be traversed on foot or horseback. It nonetheless provided the most direct route from the northern states, through Virginia, into East Tennessee. A great many new settlers were making their way into the fertile East Tennessee Valley by these routes, and while Maryville was not as large as Knoxville, it was a busy and active center of trade, with raw goods and finished products moving steadily through its streets.
Phoebe's thoughts had drifted pleasantly homeward—a welcome contrast to the anxious, sleepless nights that had preceded her arrival and the filing of her claim. She was gently recalled to the present when Nancy drew her attention to their surroundings. They had arrived at Mr. Woodfin's office. Her spirits lifted once more as she stepped forward to review the proposed complaint. She believed, with quiet but firm conviction, that her long journey was at last bearing fruit.



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