McCARTNY, James vs. Joseph VANN - Circuit Court - 1826
Be it remembered that on Tuesday the second day of this term
there came on to be tried the case of James McCARTNEY against Joseph VANN
whereupon the plaintiff introduced John McCARTNEY Senr. plaintiff father as
a witness Plaintiff having filed his account as required by law amounting as
added up to $4965 - 25 cts - with credits on said account of $1352 - 40-3/4
cts which account & credit is here exhibited marked (A) and made a part of
this bill of exception said witness proceeded to prove specially the marke
done as stated in a bill which witness produced of his own making and which
bill is here exhibited, marked (B) and made a part of this bill of exception
which bill as stated by witness amounted to $3084-37-1/2 for the House and
smoke(?) witness stated that the charges in Plaintiff's bill as filed are as
low as any charges that he has known in the county that he lived in the
county a long time - that said charges are the regular charges when the
marksmen are boarded by the imployer witness stated that VANN boarded
plaintiff and hands while engaged in the work witness stated that he heard
the contract between VANN & plaintiff at VANNs who then lived & now lives in
the limits of Georgia - that plaintiff was to build the dwelling house for
deft. in a workman like manner, to have one dollar per foot for madillion
baniel and fifty cents for wain scotting, and every other thing he was to do
and charge as plaintiff had done WALKER and McNAIR, for whom plaintiff had
build houses; witness stated that the work was done in a workman like manner
and at as low a price as plaintiff had charged WALKER and McNAIR. McNAIR
boarded plaintiff and hands and while doing WALKER work plaintiff boarded
himself - witness does not remember the rates of charges or the amount that
plaintiff had for building McNAIR and WALKERs houses in the present case was
low as they were. Witness stated that he is a carpenter by trade and has
been for forty years - and in building the house and make house and saw
McCARTNEY hands at work at the Barn & mill.
John McCARTNEY Junr. the brother of plaintiff stated that in August 1819 or 1820 he went with his brother the plaintiff and commenced VANN's dwelling house - that he worked at VANN about 18 months - that the last work was done for VANN in Decr. 1823, that the work was done in complete order and work like manner, that he heard plaintiff and deft. talking about the contract before the work was commenced, that plaintiff was to charge VANN for building his house at the same rates at which plaintiff had build McNAIR and WALKER's houses this was agreed to by VANN the work was to be done in workman like manner - VANN boarded plaintiff and his hands while working for VANN - McCARTNEY had the hewing done for the house and was only to charge VANN the workmen's wages - that VANN paid - LAFFTES(?) for a month and a half at $14 per month and Isaac VANN at $12 - per month for the same time, that witness was to have one dollar per day $42 - which was paid witness by VANN there were the ??? witness worked on the barn but the time not remembered for which VANN paid him 5000 feet of hewing and upwards was got out for the house - thought the window frame worth $2.50 cts except two worth $3.50 cash and one shilling per light for the sash. VANN negro boy Ceasor borrow plaintff gun and broke it for which witness heald VANN say he expected to have it to pay.
John McCALLAN the brother in law of plaintiff knows but little about the work except the barn - believes the work done on the house to be good work - witness produced a bill marked Exhibit (C) and made a part of this bill of exception VANN boarded the hands while McCARTNEY was at work for VANN - Plaintiff build a manument(?) for McDA NIEL and two ferry boat for himself while his hands were boarding with deft. and while plaintiff was engaged building for deft. - witnessed $94 - from VANN by plaintiff order and that McCARTNEY recd. - an yoke of oxen from VANN at $110 and a horse at $65. Witness states that the barn and the mill not included in his bill and that his bill amount to $2847 - witness states that he did not include the passage(?) doors nor the Pantries(?) except the cornicing and covering and the reason why he did not was because he believed he could not make a correct bill of this work - the barn was for $340 every thing included except the wall which was done by deft. Witness helped to cover the house - and is a carpenter by trade - and assisted in doing a part of the work but did not make out a bill of the whole because he could not do so.
Jacob DEORCETH(?) a mill right as he said by trade - introduced his bill for the mill here exhibited marked (D) and made a part of this bill of exception - stated that according to the customary prices the mill and ??? will come to $525 - as stated in his bill when the imployer boards the hands and the work was well done.
Aaron HAYNE the brother in law of plaintiff said he heard VANN say in 1823 that he would not build a kitchen untill he paid plaintiff, as he was in debt - GREENAWAY was present. VANN paid witness for plaintiff $22 in bacon salt &c - McCARTNEY got 6500 feet of blanke(?) the bigest part 3 quarter inch blank at at 75 cts the next 1 inch at $1 per hundred foot and $1.25. Witness proved that McCARTNEY recd. $82 in brick from VANN for the coundsel(?) house in 1823 the fall. This was the term agreed on between witness and plaintiff as plaintiff charged this to witness, who was in partnership in building the counsel house. In Dec 1823 VANN told witness that he wanted McCARTNEY to come down or send some person to hang the venitian blinds to his windows as the painter was there. The counsel house had one door and six windows and witness has a faint idea that deft. furnished McCARTNEY with the corkes & hinges for them - witness heard something of McCARTNEY getting window glass from VANN but does not remember how much. Witness stated that he is a millwright by trade and believes the work done on the mill to be well and McCARTNEY charge for the same to be reasonable when the hands are boarded by employer. At the time GREENAWAY went to hang the windows A. HAYNES who observed that in the fall of 1823 that he heard VANN say he had been disappointed in getting coper(?) from Augusta(?).
John GREENAWAY a witness who never work at the Carpenter business untill 1822 - work on the fine chimney pieces and fixed some of the work to be put up - He says he was a good tenner(?) & worked at $10 - per month - The mill was the first worked finished and was sawing(?) in the fall of 1822 - he went to VANN in the spring of 1822, and the runing gears of the mill was made after witness went to VANN by HILTERBRAND, not in McCARTNEY employ - witness says all the work was finish previous and in the summer of1823 except haning the venitian blinds which witness done at plaintiff request in the fall of 1823 and heard VANN say that he was indebt for his house and that he thought harder of McCARTNEY about his bill for the barn than anything esle and on being asked again by plaintiff counsel he said that he had asessed(?) some of the work for the chimney pieces. That witness had saw a week or two VANN but does not recollect the precise time, while he was in plaintiff employ GREENWAY stated that he was instructed by plaintiff to put the copper on the valle of roof when he hung the windows & ??? but VANN said he had sent to Augusta for it by McNAIR. Henry NAVE(?) went to VANN's in 1824 to measure the house for McCARTNEY and then his one trial had been had in this case - informed VANN what he had come for Mr. VANN said the witness treated me ??? a gentle man and said the house had been measured often enought - witness thought VANN did not wish him to measure it - VANN took witness to two rooms and witness thought the work about the house was done in a workman like manner - witness went to VANN's at sunset in the evening and left there after breakfast next morning and examined some of work as he went to bed - was three years serving his apperitureship & had worked 7 or 8 years since and had no certain rule for charging - witness examined plaintiff's bill and thinks the charges are customary when the imployer boards the hands - witness stated the plaintiff was a little in his debt and had been for some time, for ?? made for McCARTNEY as his hands.
John McCARTNEY Jun. - was called back and stated that his brother had furnished VANN with 5 barrel of meal - and one barrel of flower at $8 - for flour - that his brother build a small cabbin & a little smoke houses for McCARTNEY to live in and hang his meat in - all sound logs - and heard VANN say that he would not be charged so much as his negroes had done the hawling - the meal was delivered in 1819 - witness further stated that he heard a conversation between VANN and McCARTNEY about the valley roofs were found(?) that he heard McCARTNEY tell VANN that he could not make a vally roof without leaking unless he had utter sheet lead or copper; that VANN then said go on and cover the house and I can get some lead or copper and have it put on some other time.
Henry H. NAVE futher stated that he believed a valley roof can not be made without leaking unless covered with sheet lead or copper and it is easier to make one covered with copper than without it.
John McCARTNEY Senr. stated that said negro levied on in this case runaway from VANN premises in the State of Georgia a short time before he was levied on - witness stated that said VANN was a citizen of Georgia and that said work was done in the State of Georgia in the Cherrokee nation.