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Burke County North Carolina March the 4th 1789
Personally appeard [appeared] Joseph McDowell before me the subscriber and Made Oath In discourse of Law that Some time in September 1783 as well as he Remembers James Cook . [unclear: Son in law ] to George Winter Came to him. and Informed him that David Nelson Had Taken a gun from him the said [added: Cook] and Otter Skin shotpouch in the Year of 1780 Shortly before the action at Kings Mountain and Cook further said I have applyd [applied] to nelson to pay me for said articles. But nelson will not pay me. This Deponant [Deponent] further says Cook Intimated he [gap] Bring Suit and Prosecute nelson [gap] upon which the deponant [unclear: prefered ] to go with said Cook to nelson. upon which they started went Immediately to the house of nelson. this Deponant Further [gap] that when he went to Nelson where he was at work and Informed him of Cooks Conversation. and Desired Nelson to pay said Cook or otherwise he would be [unclear: at ] considerable Expense which would Injure his small Family and the orphans under his care. upon which nelson went to his own house to see Cook and after some conversation Nelson said to James Cook what makes you want to prosecute me when you know I was your gun and [unclear: Pouch ] to Save them for you, Cook then Replyd [Replied]. I lost my gun and otterskin shot pouch and you are the only person I can Recover them from [added: Turn Over ]
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A considerable Time passd [passed] in Conversation which this Deponant Does not Remember the Express Words But the Substance convinced him that an agreement had been made between Cook and Nelson in 1780 for nelson to give said Cook notice when the Enemy was Coming The Conversation was as Follows Concerning the gun Nelson Said to James Cook you surely have got your gun and Shot pouch. Cook answerd [answered] that he was had got Either. then Nelson agreed to pay Cook for said gun upon condition that If Cook Ever let his gun and pouch he would Return the pay. or if Nelson Could make it appear that said Cook [gap] them before that time and after nelson had taken them. Cook Likewise agreed to Repay this agreement was Enterd [Entered] into in presence of this Deponant and they [unclear: Parties ] agreed on It he [gap] witness do their Bargain. This Deponant further adds that he does not believe that Cook in all the Conversation that passed Ever made mention of a Pare [Pair] of Silver Spurs . which he since understood Cook charged nelson with Sworn and Subscribed In Open Court. Joseph M McDonnel Sworn in open court March 4th 1789 [unclear: ] [added: agreed to by the attornies [attorneys] on both sides]
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[added: Morganton
David Nelson [unclear: vs ] James Cook Col [Colonel] McDowells Deposition]
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