[M234, roll 236, frame 296-97]

Circuit Court
March Term 182-

The State of Alabama
Montgomery County

In the case of Bryant Rushing and George Taylor against Reuben Jordon and Elizabeth Grierson the Negros sued for were Ben about twenty seven years of age, ---- a woman about 24 years old, R-s- a girl 7 years old, Celia a girl about 5 years old, Hope a boy about one year old, which suit was left to arbitration and the Nation gave to Rushing & Taylor the Negros Ris-- a girl, Celia a girl, and John? a boy, or to pay them 12.00 in case of failing to deliver the Negroes.

The above is right

W. Graham Clk

Western Creek Nation 23rd August 1836

Having been called on by Genl. John Campbell Agent for the Creeks to say what I know with respect to a family of eleven Negros that are in dispute between Col. David Brearly and Thomas Grierson. When I moved from the old Creek Nation in the year 1827 Thomas Grierson sent this family of Negroes out to this country by me as he was taken sick and unable to come at that time himself. I returned with Col. Brearly the following year to the old Creek Nation and while I was there a man by the name of Jordon claimed those Negroes and accused me of stealing them and took me with a states warrant and while I was in custody of the Sheriff Col. Brearly told me that he was very anxious for me to be relieved as he could not provide to collect the Indians for emigration without my aide and that he was going to purchase Jordon's title to the Negros as he could get it for twelve hundred dollars. I told him then that there were two other claims which he knew of as well as myself, that was McIntosh's and Grierson's claims. He said that made no difference as they were Indians and that he would buy Jordon's title, which he did and paid him twelve hundred dollars. Sometime two or three months after he bought the title of Jordon I and Col. Brearly was in Alabama together when he told me then that I should give him a Bond for the delivery of the Negroes. I told him that I asked not like to do it and he told me that if I did not give him a bond that he would take me with a writ and put me in jail and the thought of being put in jail terrified me and I as---- some kind of instrument of writing that he wrote but not with the intention of giving up the Negroes to him .. for that I did not intend to do but he came on before I did and told my father who had charge of the Negroes that he was to have them for a sum of money he had advanced for me although he had not advance one dollar for me and my father give up the negroes and he has had them in possession ever since, except one that run off from him, and all the others he had sold near -- year since and the purchasers have them now in possession.

Thomas Grierson never give me any title whatever for the Negroes and I never advance him one dollar towards the payment of the Negros. I was --- employed by him to bring them on here for him.

Thomas Grierson has been trying for a year past to have this business brought to a final issue but has not been able as yet to effect it, his object is to bring it before a juditial tribunal and try titles -----.

As witness my hand
Benjamin Hawkins