1: State your name to the reporter?
Thomas Maxwell.
2: Look at this map Mr Maxwell marked exhibit “A.S.0”, – the one I now hand you, and see if you recognize it, and if you do recognize it so state the fact to be?
Well what do you want?
3: Well state if you recognize it, and recognize on it within the blue lines, – within the boundaries of the tract as indicated within these blue lines, – the description of a tract of land with which you were or are familiar?
Yes sir.
4: You recognize within these blue lines here, the description of a tract of land with which you are familiar?
Yes sir I do.
5: How long have you know it?
Well I should say that I have known it for forty years or more.
6: You have known it for forty years?
Yes sir, about that time I think.
7: Well did you know it as far back as the year 1848?
No sir I did not.
8: Well how far back did you know it?
With reference to the year do you mean?
9: Yes sir, about what year did you first know it? – how far back have you known it?
Well I have known it ever since I can remember, but I reckon it was too small to say I knew it then.
10: Well about what time do you remember fist knowing it?
Well I have known it I would say from, – well I would say I knew it a long time ago, for I have been on the place frequently ever since I was a small boy. I have been on it many a time for that matter, – well I would say that I have known that place from 1850 up to the present time. That is I have known it well since that time, but I was on the place of course before that time, but I don’t remember so much about it.
11: Whose property did you know it as first?
I knew it as my fathers property first.
12: Well how long ago was that, – well you said forty years ago, so let that pass. Now how old were you in 1848?
In 1848, – Lets see, I was then about seven years old. Yes sir, in 1848 I was seven years old.
13: Well how long after that time would you put the date at which you knet it to be your fathers property?
Well I should say it would be in the early fifties some where.
14: Well about how early in the fifties would it be?
Well I should say some where in 1850 or 1851, – some where along in there I think.
15: Do you know at any time whether your father did anything with that property?
What property?
16: This property designated in these blue lines on this plan, and which you say your father owned at one time?
Well yes I know he had it in law a good while. I have heard him speak about it and say that he and Woodson had a law suit over it, but they compromised their suit in some way or other, and divided the property up in some shape, – I could not say how that was done, but that was what I understand was done with it.
17: Well now Mr Maxwell what do you know with reference to any improvements that were on the place at any time?
18: Answer the question Mr. Maxwell?
What is the question?
19: I asked you what you knew, if anything, with reference to any improvements that were on that place at any time?
Well now it has been a long time ago, and I don’t know that I can say anything much about that, –
20: Well give your best recollection with reference to any improvements that were on the place at any time say prior to 1852?
Well as I say it has been a long time ago, and I don’t remember very well, but it strikes me that the place has been fenced, but I could not say positivley.
21: Well do you know whether your father fenced it or not, or any part of it?
I could not say that he did. Really I could not say. I know that he had, – well I know that the year he died he was going to put a building on it though. I remember that.
22: He was going to put a building there?
On some part of the property.
23: Do you know of any acts of ownership that your father ever exercised over that property or any part of it.
On that tract of land?
24: Yes sir, or the whole of it?
Yes sir.
Yes sir.
25: What was it?
I know he sold lots in it.
26: Do you remember who he sold them too?
To a man by the name of Murray.
27: Lots where?
I think them were the lots.
28: What are they?
There is a couple of these lots that I think old man Murray bought, – John Murray’s father. I am pretty sure be bought them.
29: Where did these lots lie with reference to this plat?
Well I think they were corner lots, if I am not mistaken they were corner lots. I think they were upon the corner and I think he took two of them.
30: That was Murray?
Yes sir. I remember when old man Murray came down to close the trade up for I heard him there at the house at the time.
31: On what street was that?
Well it was on Lexington street, this street out here.
32: They were on Lexington street?
Yes sir.
33: That was inside these blue lines as indicated on his plat here that is the lots that your father sold to Murray were inside these blue lines?
Yes sir.
34: Now what did you father die? Give the date of his death if you can?
Father died in the latter part of April in 1856.
35: In the latter part of the month of April 1856 your father died?
Yes sir.
36: That is when you father died?
Yes sir.
37: Well after his death do you know who controlled the property?
Yes sir I know who did.
38: Well who was it?
Why Smart controlled it. I know one thing there was a little corner in here, it must be west of here (indicating a point on plat).
39: West of where?
Well it must be west of the old temple lot there.
40: A little triangle in there?
Yes sir.
41: Just west of the temple lot?
Yes sir. I remember that for my mother leased it to a man by the name of Trott for a brick kiln.
42: She leased it in the corner there?
Yes sir.
43: And that is just west of where the present inclosure is there?
Yes sir.
44: That is just west of the present temple lot?
Yes sir, and I remember they were very particular about having any grading done on that lot. I remember that, and that it was just that little corner in there that was leased to this man Trott for the brick kiln. I remember them talking about it and he spoke about getting that corner or triangle there.
45: Do you know anything about a field being on this ground any time prior to the war?
it is irrelevant and immaterial, and leading.
Well I could not say as to that Mr. Southern. It is just this way Mr. Southern, I could not be positive on that score at all. I know one thing though and that is that there has been a great deal of trouble over that property there. I know that.
46: Did Woodson ever hve it in his possession, or any part of it?
Not that I know of.
47: Do you know anything with reference to a rock fence being on any of the lines around it?
Yes sir, I know something about it.
48: About the rock fence?
Yes sir. I know something about the rock fence.
49: You remember that there was a rock fence there on some of these lines?
Yes sir.
50: Where was that rock fence?
I can’t say just where all of it was, and I don’t know what it was on the line, but I think it was, and it run around in this way.
51: I am talking now about Woodson & Maxwell’s addition as well as the balance of the tract?
Yes sir, I understand, it is this tract here inside of these blue lines that you are talking about.
52: Well was there any field there in any part of this tract bounded by these blue lines at any time before the war?
Yes sir I think there was.
53: There was a field there?
Yes sir, I think so.
54: Well was there?
Yes sir.
55: Well can you tell me something about the extent of the field?
No sir.
56: Can you tell me something about the extent of the rock fence?
Well no sir I can’t tell you much about the size of that field or how much there was of the rock fence there but I remember there was a pretty big long piece of it, for I remember that we got behind it one night to try the Federals a whack during the way.
57: That was during the war?
Yes sir, there was a fight here, and we got behind it I remember to try them a whack.
58: In what year was that?
That was in the early part of the war.
59: Had that fence been there for some time before that?
Oh it had been a long time since it had been put there apparently. It was not a new fence at that time I think.
60: For how long had it been there at that time?
I could not say. I really could not remember. I guess it was put there before I was old enough to remember any thing about it.
61: Well what was it there for?
It was an enclosure.
62: An enclosure for what purpose?
To enclose that land of course. It was not put there for fun I think.
63: What land or ground do you refer to?
This here.
64: Well do you refer to the ground inside of these blue lines as indicated on this plat?
Yes sir. Well now it don’t seem to me that it went clear up there. It don’t seem to me that it did, but it went a part of the ways. It seems to me that that part that it enclosed was probably Woodsons property, for I think he put it there.
65: Where was that field as near as you can recollect?
Well it laid out here some where it seems to me.
66: Where was that from the rock fence you say was there?
It was right there, it was this way.
67: Running east?
Yes sir, kind of in an easterly direction.
68: To what line, how far east did it run?
I could not say. I remember kind of indistinctly that it was a considerable field or pasture.
69: Well assume that that street there was Walnut street would you say it when up that far?
Yes sir, I would say it went up that far.
70: You would say it went up to Walnut Street?
Yes sir.
71: Well did it run up any where else?
Yes sir, it strikes me that it run up further east than that but I could not say how far it did run. I did not pay much attention to it or to try to keep it in my recollection. Of course I know at one time where it was, but it has been so many years ago that I have forgotten pretty much all I knew about it.
72: On which side of Walnut street was it, the north side of the south side?
The south side.
73: How far did it run that way?
I couldn’t say. I know there was a considerable little field in there I remember it ran out there to Woodsons and that is on Temple street.
74: Well about how much was enclosed there with the fence?
Well I think that whole thing was enclosed there.
75: Do you think it went as far as the blue line on the east of the map there?
Well yes sir I would think that it did. Yes sir I think that was all enclosed, but I could not say positively though.
76: Well now have you any recollection as to who enclosed it?
No sir I have not.
77: You don’t recollect anything about who enclosed it?
No sir.
78: Was it enclosed there when you father owned any part of it?
Yes sir.
79: What part of it was enclosed then?
That part of it that was fenced was enclosed then.
80: Your father died in what year, did you say?
My father died in 1856.
81: How long before his death was it enclosed?
Well now that is something I could not say.
82: Was it enclosed some years before his death, for I remember that it seemed to be an old enclosed place in there during the way. I remember that at that time it was all an enclosure.
83: Was it cultivated?
Well now I could not say. I don’t recollect whether it was cultivated or in pasture at that time, but it was under fence, that place was. I remember that well enough, and I expect there are others who remember the same thing here yet.
84: Do you recognize on this plat, north of what is marked on it as Walnut street, and within the blue lines, as any addition to the city of Independence?
Yas sir.
85: You do?
Yes sir.
Yes sir.
86: Well what is it?
I recognize that as Woodson and Maxwells addition to this city.
87: You recognize it as Woodson and Maxwells addition to the city of Independence?
Yes sir.
88: How long ago do you remember of any one living where in Woodson and Maxwells addition?
Well it is hard for me to say as I before stated on account of the length of time that has elapsed, but old man Murray must have been there as along ago as 1850 or 1851 I expect.
89: Well was he there in 1855?
Yes sir.
90: Was he there in 1860?
Well I couldn’t say whether the old man was alive then or not.
91: Do you remember when he died?
Not the date
92: Was the house there in 1860?
Yes sir.
93: Is it there still?
I don’t know. I think not but still I don’t know about that.
94: What sort of a house was it?
A little brick. I haven’t noticed it lately and so I can’t say whether it is there or not I did not think it was of any importance, and so I don’t know whether that house is still there or not.
95: Well was there any body else living in there at that time, or along about that time?
? I can’t say.
96: Do you know of any other house being built in there prior to the war?
I think there was.
97: What was your answer?
I said I thought thee was, but still I do not know Mr Southern.
98: You think there was?
Yes sir.
99: But you don’t call to mind who had a house there?
No sir.
100: Well was there any house built there after the war?
Yes sir.
101: Was there more than one?
Oh yes sir, several of them.
102: How soon after the war did the building begin?
It was right away after the war.
103: Right directly after the war there was houses built there?
Yes sir, – several of them I think.
104: You mean by that answer, that it was right directly after 1865?
Yes sir.
105: To what extent have houses been built there in Woodson’s & Maxwell’s addition?
Well it has been considerable. There has been considerable building going there. It has mostly all been built up you might say.
106: There has been houses built on all the lots?
Yes sir.
107: Beginning at what time was this building done?
From what time, -do you want to know the time they commenced building down there?
108: Yes sir?
Well say beginning in 1850 and from that time on down. That was the first I think, and from that time on upmore or less it has continued.
109: That was the time that the building commenced?
Yes sir, I think so, and they may be building there yet for all I know. I have not noticed to state particularly what time there was the most building done down there, but i notice that it is mostly all built up.
110: Do you know of any buildings on the part south of Walnut street?
Yes sir.
111: Now was it with reference to that before the war?
Well I could not say as to that”.
112: That is to say you don’t call any to mind?
No sir.
113: Well were there any buildings built there subsequent to 1860?
1860? Oh yes, -I know when St. John built there. He and Dalton built there. I remember that now.
114: Well what did he do?
St John?
115: Yes sir?
He built there, and laid out an addition
116: He sold lots there, built a house and laid out an addition did he?
Yes sir.
117: Take the witness? Cross examination by P.P. Kelley,-
118: Mr Maxwell is it not true that that stone fence which you have spoken of, was on the south side of Walnut street, and extended from Temple street east to the north east corner of Chrisman’s property?
It might have been.
119: Well is it not true, and the fact that it did?
I say it might have been, I am not testifying to anything positively here, -I am just giving the best of my recollection.
120: You don’t know positively where it was?
No sir, but I think it was down here on Lexington street. I think it was down where I said it was.
121: But you would not say it was not on the south side of Walnut street, and extended from Temple street east to the north east corner of Chrisman’s property?
No sir.
122: What kind of a fence was that?
It was a stone or rock fence. I remember well enough that it was down here running along the road, and when a man has the experience I had with it he is not likely to forget it you know. I remember being behind it with a gun he knows he was there, and that was my experience for I know it was a stone fence and made a pretty good be east work. Now I know that as well as I can know anything.
123: Well was there not a stone fence at the point I have indicated?
Out here (indicating a point on plat)?
124: Yes sir?
There was a fence there I suppose, but I could not say what kind of a fence that was.
125: Well now is it not true Mr Maxwell that the stone fence along what is now known as the Lexington road or street, – street or road which ever it is called, – commenced at or near what is known as the Pacific Bridge, and extended along the south side of the road to about the point where St John street is now as designated on the map, and then ran directly east?
No sir. It ran further than that. From my knowledge of it it rad about to – that point there (indicating a point on plat).
126: About to Walnut street it ran?
Yes sir that is about to where it ran according to my recollection of it.
127: That is what I thought?
Yes sir, that is the way I remember it now.
128: Was there any fence at Lexington street at the point where it intersects Walnut and from that to Temple Street, on the south side of Walnut?
Yes sir I think there was.
128: Well was there?
I think there was, but of course I don’t remember very well about that. I can’t remember these things they were so long ago and I did not pay any particular attention to the matter at the time. Of course it was a stone fence that was there along Lexington street, – there is no doubt of that, for it would be a dogged fool that would build a fence like that any where else but along the road. Now I think there was a fence there where you say, but I can’t say whether it was a stone fence or not. It might have been but I hardly think any one would built a stone fence there. If the fight had been done there instead of where it did, and the road run down there instead of where it did, and the road run down there instead of where it did I might remember more about it than I do.
130: Is it not true that when you were behind that stone fence fighting the Federals that you were in this Chrisman field?
No sir we were right there along the road. I would not be such a dogged fool as not to know when we were off the road. That is where we were, and we were behind the stone fence too. I would not be such a dogged fool as not to remember that. You would remember it I will bet you if you had been there. I know where I was.
131: Now you have been testifying to the fact that there were some houses built on the same property, that is designated on this map some where?
Yes sir.
132: Do you mean to be understood as saying that you ever saw any houses built on lots from fifteen down to twenty two?
Did I ever say I had?
133: No sir I don’t say that you did, but I want to get it right now. Do you say now that you ever saw any houses built on any of these lots from fifiteen to twenty two?
No sir I don’t say so now, and I did not say so then. I don’t think there has ever been a house built on any of those lots, – only there is a little church built there now.
134: if there was a house at any time built on any of these lots you don’t know anything about it.
If there ever was a house built there I don’t remember ever seeing it, and I don’t believe there ever was,
123: Well was there not a stone fence at the point I have indicated?
Out here (indicating a point on plat)?
124: Yes sir?
There was a fence there I suppose, but I could not say what kind of a fence that was.
125: Well now is it not true Mr Maxwell that the stone fence along what is now known as the Lexington road or street, – street or road which ever it is called, – commenced at or near what is known as the Pacific Bridge, and extended along the south side of the road, to about the point where St John street is now as designated on the map, and then ran directly east?
No sir. It ran further than that. From my knowledge of it it ran about to – that point there (indicating a point on plat).
126: About to Walnut street it ran?
Yes sir that is about to where it ran according to my recollection of it.
127: That is what I thought?
Yes sir, that is the way I remember it now.
128: Was there any fence at Lexington street at the point where it intersects Walnut and from that to Temple Street, on the south side of Walnut?
Yes sir I think there was.
129: Well was there?
I think there was?, but of course I don’t remember very well about that. I can’t remember these things they were so long ago and I did not pay any particular attention to the matter at the time. Of course it was a stone fence that was there along Lexington street, – there is no doubt of that, for it would be a dogged fool that would build a fence like that any where else but along the road. Now I think there was a fence there where you say, but I can’t say whether it was a stone fence or not. It might have been but hardly think any one would built a stone fence there. If the fight had been done there instead of where it did, and the road run down there instead of where it did I might remember more about it than I do.
130: Is it not true that when you were behind that stone fence fighting the Federals that you were in this Chrisman field?
No sir we were right there along the road. I would not be such a dogged fool as not to know when we were off the road. That is where we were, and we were behind the stone fence too. I would not be such a dogged fool as not to remember that. You would remember it I will bet you if you had been there. I know where I was.
131: Now you have been testifying to the fact that there were some houses built on the same property, that is designated on this map some where?
Yes sir.
132: Do you mean to be understood as staying that you ever saw any houses built on lots from fifteen to down to twenty two?
Did I ever say I had?
133: No sir I don’t say that you did, but I want to get it right now. Do you say now that you ever saw any houses built on any of these lots from fifteen to twenty two?
No sir I don’t say so now, and I did not say so then. I don’t think there has ever been a house built on any of these lots, – only there is a little church built there now.
134: If there was a house at any time built on any of these lots you don’t know anything about it.
If there ever was a house built there I don’t remember ever seeing it, and I don’t believe there ever was, –
if there ever was I don’t remember anything about it, and that is what I said all the time.
135: The little house that is built on some of these lots now is the only house you ever saw built there?
Yes sir.
136: Did you ever see any fence enclosing these lots or either of them, at any time prior to the time that the fence that is not surrounding them was built?
Well I could not say. I don’t remember that I ever saw a fence enclosing them particularly. As I told Mr. Southern I could not say positively as to that, but where. As I think over it it seems to me that there was, but when it comes to swearing positively as to it, I can’t say that I do remember seeing a fence there, and I will not swear to anything positively without I know it positively.
137: Well was there, – do you recollect of any fence near there except the one that you recollect being along the south side of Walnut street, there along the road here? I mean along Lexington Avenue and Walnut street?
That is the only one I can swear to.
138: Well that is all?