Law Case File 1900
Francis Giltner v Charles Gorham et al
October 18, 1848
Chatham, Ontario

The deponent saith that his name is Adam Crosswhite and that he has resided in Chatham aforesaid about one year and seven months, and that he knows the defendants Gorham, Hurd and Comstock[. T]he deponent saith that he did reside at Marshall about the month of January 1847[. T]his deponent recollects about daylight deponent was occupied feeding his chickens at the back of his house in Marshall and hearing a noise as if his door was falling in[. W]ent to the front door of his house and there found that it had been broken in on the deponent supposes by Francis Troutman and David Giltner who the deponent found in the house[. T]he following conversation then took place between the deponent and the said Francis Troutman and David Giltner[. T]he deponent asked them what they wanted in his house and why they broke it in. They replied that they pushed up against the door and it not giving way they then broke the hinges and got in the house by pushing against the door[. T]hey then said that they wanted to take me to trial and would give him a fair trial[.]

[D]eponent said he would go and stand trial at the usual Court hours but not at that time in the morning[. T]hey then said they would take deponent and his family by force and sent for a wagon to take this deponent and family away by some person who came with them with two other persons[. D]eponent thinks one [named] Ford went for the waggon and Troutman and Giltner said they would have taken deponent and family at 2 o'clock in the morning could they have got a waggon to do so[. T]hey then proposed to take the children of deponent and wife and said they would leave deponent and wife alone if their consent should be obtained and take the children only, deponents answer to this was that he would die before they should have either of the children[. D]eponent ordered Troutman and Giltner out of his house also three other men who came with them[. T]hey all went out but Giltner who sat down and while Giltner was so seated Troutman returned to the house, while Giltner was sitting down he cried and shed tears an[d] apparently wept, and upon deponent telling Giltner that he would see what the law would do with him and the others who had broke into his house[.] Giltner said that if deponent leave them alone, then that they would go away and leave deponent and his family alone[. D]eponent then informed the parties before mentioned in the house that he would go to Squire Shermans and see if he could be brought to a trial without authority by Troutman or Giltner or words to that effect, and also said to them to send someone with deponent if they were afraid he would not come back[.]

[T]he Deputy Sheriff then Mr. Dixon went with deponent to Squire Shermans and afterwards the Deputy sheriff and deponent returned to deponents house together, when the Deputy Sheriff after arriving at the house told deponent he had nothing more to do with deponent?deponent saith that before going to Shermans he did not see any of the white defendants on the ground[. O]n his return to his own house[,] deponent only recollects seeing Hurd and Comstock[,] two of the white defendants who did or said nothing in the affray or matter as this deponent could observe[. D]eponent saw on his return to his own house as aforesaid all the coloured defendants, two of colour, Planter Moss and Charles Berger threw their coats off on seeing Troutman an[d] partly drawing a pistol from his pocket and returning it again[. D]eponent asked Moss and Berger why they had their coats off[. T]hey replied that Troutman having threatened to shoot them they intended to get him for it when deponent said "don't have no fighting" we will catch him[,] meaning Troutman[,] and take the pistols away from him. . . .

[D]eponent saith—that he left the ground about fifteen minutes after returning to his house with the Deputy sheriff as aforesaid by himself for the purpose of getting a warrant and did not go back. When deponent left the ground he saw Comstock and Hurd there but has no recollection of seeing Gorham there, deponent thinks all the colored defendants were on the ground when he left it[. D]eponent saith that he believes the presence of the whites on the ground had the effect of preventing bloodshed, as the colored people had determined to prevent a capture of the deponent and his family if possible having heard that they were to be seized as slaves the night previous the disturbance, deponent commenced his suit against those who broke into his house of his own accord without any advice from the white defendants or either of them as consultation on their part?that deponent employed his counsel and paid him for his services without any advice or assistance from the white defendants, and that he never received any money or things from the white defendants directly or indirectly for the purpose of expediting or assisting deponent and family to escape from Marshall.

His
Adam X Crosswhite
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