Difference between revisions of ".MTY3Nzg.NjY3NTE"

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the court to certify the above facts to the Chancellor which was done, and the court refused to permit a trial of the issue. The defendant then offered to permit the plts counsel to give in evidence to the jury the whole of the testimony heretofore heard at a former trial of this issue in the Superior Court of Law of this county (Washington) which evidence was heretofore spread upon the records of said court and within the power of plts counsel to obtain. And also offered to admit plt to prove all the evidence heretofore given on behalf of the plt, but on the objection to this course by plts counsel the court refused to permit a trial of the issue. The deft. then moved the court to certify the evidence to the Chancellor which he as prepared to offer to the jury alledging that much of it was additional and not heretofore heard in this cause. And also alledging that he was prepared by Witnesses attending for that purpose totally to disprove the evidence of Daniel Keith a material Witness heretofore examined in this cause for the plt by proving by the testimony of Major Manitree Jones that Frederick Idle removed with his family to the county of Grayson & settled within about six miles of the residence of the Witness in the Autumn of 1787 to the best of his recollection, with satisfactory reasons why he so recollected this fact. And also by the testimony of George Keith that he never as he recollects wrote in the bible of the said Daniel Keith as the said Daniel heretofore alledged in his examination as a witness, nor that he the said George ever boarded at the house of the said Danl. as he also had alledged. And also alledging that he was prepared to prove by the testimony of David Pierce that by the request of Frederick Idle the Witness applied to John Coalter
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the court to certify the above facts to the Chancellor which was done, and the court refused to permit a trial of the issue. The defendant then offered to permit the plts counsel to give in evidence to the jury the whole of the testimony heretofore heard at a former trial of this issue in the Superior Court of Law of this county (Washington) which evidence was heretofore spread upon the records of said court and within the power of plts counsel to obtain. And also offered to admit plt to prove all the evidence heretofore given on behalf of the plt, but on the objection to this course by plts counsel the court refused to permit a trial of the issue. The deft. then moved the court to certify the evidence to the Chancellor which he as prepared to offer to the jury alledging that much of it was additional and not heretofore heard in this cause. And also alledging that he was prepared by Witnesses attending for that purpose totally to disprove the evidence of Daniel Keith a material Witness heretofore examined in this cause for the plt by proving by the testimony of Major Manitree Jones that Frederick Idle removed with his family to the county of Grayson & settled within about six miles of the residence of the Witness in the Autumn of 1787 to the best of his recollection, with satisfactory reasons why he so recollected this fact. And also by the testimony of George Keith that he never as he recollects wrote in the bible of the said Daniel Keith as the said Daniel heretofore alledged in his examination as a witness, nor that he the said George ever boarded at the house of the said Danl. as he also had alledged. And also alledging that he was prepared to prove by the testimony of David Pierce that by the request of Frederick Idle the Witness applied to John Coalter attorney at Law for advice to know whether he the said Idle ought to give up a certificate in his possession of his the said Idles having taken the oaths prescribed by Law for the removal of Slaves into this Commonwealth. That he did enquire of the said Coalter who directed the Witness to tell Idle not to give up the said Certificate but to go to jail before he would do so, of which the witness informed Idle. This was as the Witness understood shortly before the trial of this cause in the court of Grayson. Idle also informed the Witness that he had been advised by Major Manitree Jones not to give up the said certificate. And also alledging that he could destroy the credibility of Mark Johnson by proving by the testimony of James Anderson that the said Mark made an affidavit in this cause before him (a justice of the peace) in which the said Mark swore that the said Idle was drunk and not capable of transacting business or knowing what he did at the time of certain transactions alluded to in a former affidavit made by the said Mark in this cause. The dft also moved the court to certify to the Chancellor the annexed affidavits of Manitree Jones et al. But the court refusing to try the issue or to certify the said additional evidence of deft or affidavits it being improper in the opinion of the said court so to do. To which opinion of the court the deft by his counsel excepted and prays that this his bill may be signed and sealed which is done. Peter Johnston DS.   Washington County to wit   This day Manitree Jones, David Pearce
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attorney at Law for advice to know whether he the said Idle ought to give up a certificate in his possession of his the said Idles having taken the oaths presented by Law for the removal of Slaves into this Commonwealth. That he did enquire of the said Coalter who directed the Witness to tell Idle not to give up the said Certificate but to go to jail before he would do so, of which the witness informed Idle. This was as the Witness understood shortly before the trial of his cause in the court of Grayson. Idle also informed the Witness that he had been advised by Major Manitree Jones not to give up the said certificate. And also alledging that he could destroy the credibility of Mark Johnson by proving by the testimony of James Anderson that the said Mark made an affidavit in this cause before him (a justice of the peace) in which the said Mark [illegible] that the said Idle was drunk and not capable of transacting business or knowing what he did at the time of certain transactions alluded to in a former affidavit made by the said Mark in this cause. The dft also moved the court to certify to the Chancellor the annexed affidavits of Manitree Jones et al. But the court refusing to try the issue or to certify the said additional evidence of deft or affidavits it being improper in the opinion of the said court so to do. To which opinion of the court the deft by his counsel excepted and prays that this his bill may be signed and sealed which is done.  
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Peter Johnston DS.
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Washington County to wit
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This day Manitree Jones, David Pearce
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Latest revision as of 16:05, 4 December 2019

the court to certify the above facts to the Chancellor which was done, and the court refused to permit a trial of the issue. The defendant then offered to permit the plts counsel to give in evidence to the jury the whole of the testimony heretofore heard at a former trial of this issue in the Superior Court of Law of this county (Washington) which evidence was heretofore spread upon the records of said court and within the power of plts counsel to obtain. And also offered to admit plt to prove all the evidence heretofore given on behalf of the plt, but on the objection to this course by plts counsel the court refused to permit a trial of the issue. The deft. then moved the court to certify the evidence to the Chancellor which he as prepared to offer to the jury alledging that much of it was additional and not heretofore heard in this cause. And also alledging that he was prepared by Witnesses attending for that purpose totally to disprove the evidence of Daniel Keith a material Witness heretofore examined in this cause for the plt by proving by the testimony of Major Manitree Jones that Frederick Idle removed with his family to the county of Grayson & settled within about six miles of the residence of the Witness in the Autumn of 1787 to the best of his recollection, with satisfactory reasons why he so recollected this fact. And also by the testimony of George Keith that he never as he recollects wrote in the bible of the said Daniel Keith as the said Daniel heretofore alledged in his examination as a witness, nor that he the said George ever boarded at the house of the said Danl. as he also had alledged. And also alledging that he was prepared to prove by the testimony of David Pierce that by the request of Frederick Idle the Witness applied to John Coalter attorney at Law for advice to know whether he the said Idle ought to give up a certificate in his possession of his the said Idles having taken the oaths prescribed by Law for the removal of Slaves into this Commonwealth. That he did enquire of the said Coalter who directed the Witness to tell Idle not to give up the said Certificate but to go to jail before he would do so, of which the witness informed Idle. This was as the Witness understood shortly before the trial of this cause in the court of Grayson. Idle also informed the Witness that he had been advised by Major Manitree Jones not to give up the said certificate. And also alledging that he could destroy the credibility of Mark Johnson by proving by the testimony of James Anderson that the said Mark made an affidavit in this cause before him (a justice of the peace) in which the said Mark swore that the said Idle was drunk and not capable of transacting business or knowing what he did at the time of certain transactions alluded to in a former affidavit made by the said Mark in this cause. The dft also moved the court to certify to the Chancellor the annexed affidavits of Manitree Jones et al. But the court refusing to try the issue or to certify the said additional evidence of deft or affidavits it being improper in the opinion of the said court so to do. To which opinion of the court the deft by his counsel excepted and prays that this his bill may be signed and sealed which is done. Peter Johnston DS. Washington County to wit This day Manitree Jones, David Pearce