Minutes, 1 January 1842, Draft

  • Source Note
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Complt. went to the Island after 1st. Trial, & did not return until after 2nd hearing.— told him he had right to open the Judgt. at any time, & Recd Receive new Testimony.— he told he wanted to use the Property that had been taken in Exeon, & if he got it now, he wd take it, orse not.— he wanted time to get a Witness, wd. give him a Week & no more.—
That Mr. [Levi] Bracken sd. Complt told him he was to give $20— & after told $22.— & that he after saw ox with Foote.—
Considers from the Examn. of Witnesses, & Testimony given that he acted partially in that, & in rendering Judgt., & that he acted as if bribed, or prejudiced.—
Exd. by — drew his Conclusion from the being particular in examining as to the Conversation at time Foote brought Oxen toComplt.— Did not know postponed Trial from day to day waiting for Complts Witness, further than s. own Statement.—
By .— was detained 1/2 day & had to Run twice after property taken on Exeon.— Had not all Witnesses at last Trial— one particular one absent on a/c of Sickness.— Had Col on last Suit, & some little Col on 1st. (,) Trial.— told him he wd. take Col, & Return Property, if advised to do so.—
Sworn— Smith did not answer questions directly, & gave it as he gave it this Ev.g., & thinks Smith was not properly treated.— Smith said on former Trial that the price of Ox was 2½ pCent..— All the Evidence he heard in favour of Foote, as to Bargain, was what Bracken stated, & that was what took place long before ox was killed.— asked Smith questions sevl. times over, & he wd not answer them directly.— gave Witnesses on both Sides full priviledge at 3rd. Trial.— Smith evaded questions put by Foote, & also those put by .—
.— heard Complt. demand transcript of Trials, & did not feel disposed to give Transcript of the proceeds. had when Judgt. was opened.— Sd it was on Scraps of [p. 3]
Complt. went to the Island after 1st. Trial, & did not return until after 2nd hearing.— told him he had right to open the Judgt. at any time, & Receive new Testimony.— he told he wanted to use the Property that had been taken in Exeon, & if he got it now, he wd take it, orse not.— he wanted time to get a Witness, wd. give him a Week & no more.—
That Mr. Levi Bracken sd. Complt told him he was to give $20— & after told $22.— & that he after saw ox with Foote.—
Considers from the Examn. of Witnesses, & Testimony given that he acted partially in that, & in rendering Judgt., & that he acted as if bribed, or prejudiced.—
Exd. by — drew his Conclusion from the being particular in examining as to the Conversation at time Foote brought Ox toComplt.— Did not know postponed Trial from day to day waiting for Complts Witness, further than s. own Statement.—
By .— was detained 1/2 day & had to Run twice after property taken on Exeon.— Had not all Witnesses at last Trial— one particular one absent on a/c of Sickness.— Had Col on last Suit, & some little Col on 1st. (,) Trial.— told him he wd. take Col, & Return Property, if advised to do so.—
Sworn— Smith did not answer questions directly, & gave it as he gave it this Ev.g., & thinks Smith was not properly treated.— Smith said on former Trial that the price of Ox was 2½ pCent..— All the Evidence he heard in favour of Foote, as to Bargain, was what Bracken stated, & that was what took place long before ox was killed.— asked Smith questions sevl. times over, & he wd not answer them directly.— gave Witnesses on both Sides full priviledge at 3rd. Trial.— Smith evaded questions put by Foote, & also those put by .—
.— heard Complt. demand transcript of Trials, & did not feel disposed to give Transcript of the proceeds. had when Judgt. was opened.— Sd it was on Scraps of [p. 3]
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