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Latest revision as of 10:28, 25 May 2019
6 active part on behalf of this defendant against the Complainant as far as he knows or believes - as stated in the affidavit of the said Philip, but declares that the said Dickenson several times refused to inform this Defendant how to proceed, when he was at a great loss for want of legal knowledge, and told this Defendant that he did not want to concern in the business. This Defendant denies that the complainant was unwell on the day of the trial of her suit as he believes as stated in the affidavit of the said Philip & refers to the affidavits of Andw. Kincannon & William Cornwell before refered to. This Deft. also denies that her child prevented, as stated in the affidavit of the said Philip because it was large enough to run about & feed itself & healthy. This Defendant also denies that Mountans prevented her attendance at Court as stated in the affidavit of the sd. Philip because there is but one, & thro that a most excellent & convenient gap. & that she is among the most stout & healthy negroe women in all the country. This defendant begs leave to state that as to the wives of a two Mr. Nellsons in Tennessee State who were believed to be sisters of the late Thomas Lewis of Louden County and were believed to be material witnesses for the Complainant as stated in the affidavit of the said Philip. This Defendant does verily believe that no such belief really ever existed in the mind of any person whatever - that it was a designing attempt of the cause and wholy fabricated by the said Philip for that purpose. This 7 extraordinary affidavit carefully avoids mentioning by whom these Mrs. Nellsons were believed to be material witnesses. True it is some papers did come to Grayson Court or rather the prosecutor some time after the trial commenced and by a special messenger from the said Philip as the said messenger said by the name of Porter - but wholy with a view to obtain a continuance unfairly as this Defendant does really believe and all those he heard speak of it. True it is that it might have been midnight or after when this defendant came with Colo. Sanders James Ward Robert Crockett Henry Eller and Mathias Painter to the house in which the said Gaines was fortified but denies that he came with a club as stated in the said Philips affidavit. This defendant begs leave to state his reasons for coming. The second morning after the court of Grayson had given Judgment in the suit of the Complainant Hager against this Defendant he was informed that the said Philip on hearing of the decision of the said Court tho' after night and raining and very dark he called up said Hager and her two children and started off with them immediately. This Defendant verily believing the said Philip intending runing them off to the River of Tennessee where he had taken his other property not long before. Had two Writs issued against him one an action of Debt and the other for damages for being aggrieved by him for attempting to free the Complainant and failing therein. In both of these writs the said Philip was required to give bail. The Saturday following this Defendant was informed by Maj. Ward in the presence of said Crockett who had