"The Long Way Home" Begin the Tennessee Depositions:
- Brently Johnson
- Jun 27, 2020
- 7 min read
Updated: Jul 19, 2020
Phoebe had been concerned that the defendants would attack her about her time in Pendleton, SC. However, she had lived through that hard period of her life and would not let someone digging up dirty laundry hamper her mission. Reuben had left her to support those children alone and had made no provisions made for them. She did what she had to do to keep her children warm and fed.
Soon that gut punch subsided. The judge was supposed to rule on both their standing to file the claim as well as their allowance to fund the many expenses necessary on the 4th Monday next in September. They would not have to wait very long to determine if their work could proceed.
Again, wondering around Hendersonville, in the pleasantness of the fall. They decided that they had time to travel up to the Asheville area in Buncombe County and see what had become of she and Reuben's home on the Swannanoa River. Hoping for good weather, they made their way to Buncombe County. Everyone that she had known from 45 years ago had moved away or died except for possibly the King brothers.
Buncombe County was beautiful and the roadway to Asheville from Hendersonville had been greatly improved and provided for a good trip. As they returned to Hendersonville, there was a message waiting for them at the Lodge. Mr. Woodfin wanted to see them as soon as possible. They headed toward his office after a quick wash up.
By now, they were well acquainted with Mr. Woodfin's associates and could basically make themselves at home inside the office. They sat down and Mr. Woodfin began to read the judges order. They had been given both standing to file a claim and the allowance for a year's worth of expenses. The judge had also ordered the Jordans and Mr. Gash to take possession of all of Reuben Johnson's property until such time as a determination could be made of to whom it belonged. The judge included the real estate that Reuben had "sold" to the Jordan boys. Everything had gone their way! Phoebe was excited but exhausted.
They talked a few more minutes about what the claims would look like. Mr. Woodfin at gotten a preview of what the defense was going to claim from their answer to Phoebe's claim for the allowance. They discussed a strategy and decided that some leg work would need to be completed before and after they got home. Since the defense had claimed that "Phoebe Johnson or some woman claiming to be Phoebe Johnson", was making this claim, she would need to visit some folks who could be deposed and swear that she was the same Phoebe Johnson who was married to Reuben some 45 years ago. They decided that she needed to talk with the Robert and Elenore Orr and John Casada. Then when she got back to McMinn County, she would need to touch base again with Reuben Casada and discuss items about which only she could know if she had been married to Reuben.
After a good night's sleep, they decided to head to Pendleton, SC just about a day trip away from Hendersonville to talk with the Orr's or anyone else who might recall she and Reuben's life together their before they moved back to Buncombe County.
Meanwhile, Mr. Woodfin was filing the necessary subpoena's for the depositions. Once he saw the list of witnesses that the defense had subpoenaed, he wondered if the one year that the court had given them to file would be sufficient. He, of course, needed the deposition of Reuben Casada and Nancy West in McMinn County, Tennessee, Samuel King in Buncombe County, North Carolina and the Orr's in Pendleton, South Carolina. The defense however, had witnesses in Blount County, Tennessee and Lumpkin, Georgia. He wondered what those were about but he would find out soon enough.
After making it back to McMinn County and finding time to meet with Reuben Casada again, William had taken Phoebe back to her home in Blount County. All they could do now was wait and hope that they would hear something periodically by mail. She tried to attend to her daily activities without getting too anxious.
Early November, Nancy and William had come up to Big Gully to update her. Nancy's deposition as well as Reuben Casada's deposition were scheduled for the end of November. It would not be long until progress on the lawsuit would be made. The West's spent the night with Phoebe and then headed back down the Federal Road toward Athens and their home in McMinn County.
The end of November rolled around and it was time for the plantiff's and defendant's representatives to begin compiling the official record for the court. First up was Reuben Casada.
Ruben Casada, 63 years old has been duly sworn on the holy evangelist to speak the whole truth and nothing but the truth concerning the matter in dispute between the said parties as follows:
question first by Mr. Humphries agent for the plaintiff,
Are you acquainted with the parties in this controversy the plaintiffs Phoebe Johnson and William West and wife Nancy and Martin Gash and Sally Jordan defendants?
answered by the same "I have no acquaintances with Jordan but Martin A Gash has been at my house as often as twice. I am acquainted with the plaintiff, Phoebe Johnson when she and Reuben Johnson lived together as man and wife."
question 2nd by the same,
Where did Reuben Johnson and Phoebe Johnson live when you first knew living together as man and wife.
answer by the witness,
"Buncombe County, North Carolina about 5 miles from Asheville"
question 3rd by the same,
What is the relationship of Reuben Johnson & yourself?
answer by the witness,
He was my Uncle.
question 4 by the same,
Was you not frequently at Ruben Johnson's house during the time he live there acquainted with Johnson and his wife?
answer by witness, I was there frequently and well acquainted with Johnson and his wife.
Question 5 by the same,
Was Reuben Johnson and his wife Phoebe separated before he came to Buncombe County, North Carolina to live?
answer by the witness,
It was said that they were parted and he lived in Buncombe County a year or two before she came to that County.
Question 6 by the same,
Do you know who influenced him to move her from South Carolina to where he lived in Buncombe County, North Carolina and if his mother did not give him a nice house and some other property to do so?
answer by the witness,
My understanding was that his mother encouraged him to move her to that County and gave him a good house for so doing.
question 7th by the same,
Did you ever hear Ruben Johnson or his mother say anything about giving him the house to live with her again?
answer by the same,
I cannot say whether or not I ever heard either of them say so or not but the understanding among the family and friends was that she did and he was always around the house as his property afterwards.
question by the same,
Did Reuben Johnson and his wife live peaceably and quiet together while they lived together or not?
answer by the witness,
I think they did. I never heard anything to the contrary while I lived in that county.
question by the same,
do you recollect whether or not a girl or woman by the name of Quien lived with Reuben Johnson when you knew him in North Carolina.
answer by the witness,
I recollect nothing about such a woman.
question by the same,
When did you see Phoebe Johnson last and where was she?
answer by the witness.
At William West's home both in September and October just before and after they returned from North Carolina. William West lives about 2 mi from Athens in McMinn County state of Tennessee.
question first by Mr. Gash, agent for the defendant,
How long did you live near Phoebe Johnson in North Carolina?
answer by the witness,
I suppose I knew her about 3 years in North Carolina.
question 2nd by the same,
How long since you knew her there?
answer by the witness,
I lived in North Carolina about 48 years ago. I had not seen Phoebe Johnson after that time until sometime in September last when I saw her at William West's in this County.
question by the same,
Are you certain that this is the same woman, the same Phoebe that lived with Reuben Johnson and you knew when you lived in North Carolina and that you met earlier this year?
answer by the witness,
I think she is the same woman first with her at the West's and found her conversation and things and from her features no doubt that this is the same woman. The time being so long since I saw her. I suppose I would have known her if I had not been informed of the fact.
question for by the same,
Do you know that Ruben Johnson ever lived with the said Phoebe Johnson to the time it was said his mother gave him the house and property to go after and bring her home?
answer by witness,
I do not know only from reports said that he had.
question by the same,
What was Johnson's character as a husband and citizen when you knew him and did he treat her well?
answer by the witness,
as far as I knew.
question by plaintiff's agent,
Was not Phoebe Johnson always considered Reuben Johnson's wife and called by Rueben Johnson's mother and your mother, Ruben Johnson's own sister, as such and they lived together as such?
answer by the witness,
They were so considered.
question 2nd by the same,
Did not old Mrs. Phoebe Johnson at the West's come to you much since conversing about circumstances and that they took place in North Carolina when you first,
Start over question 2nd by the same,
Did old Mrs. Phoebe Johnson, when you saw her at West's some few months since, know circumstances that took place in North Carolina when you were a boy and during the time you knew her in North Carolina in your father's family, and no one else could have known of those circumstances?
answer by the witness,
We conversed at Mr. West's about circumstances that took place in North Carolina that I feel certain she could not have known without being the same woman.
question by the same,
How many children did Reuben Johnson and Phoebe Johnson have when you left North Carolina, what was their names and if they were cross-eyed and if and when they came? answer by the witness,
Two children came with them down to North Carolina a boy and a girl named Issac and Nancy and they were both very cross eyed and that was all that they had when I left that County.
and further this despondent sayeth not.


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