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2. the deed of Trust mentioned in the Bill which deed he admits was intended as a security to this respondent for the faithful Investment by the said Williams of the partnership funds, and for the payment of his share of the loss if any by said investment, it being understood that this respondent was to repay the money borrowed from the Exchange Bank. This respondent did leave Virginia in the month of October 1838 as the said Williams had the sole Control and Management of the Capital of the firm as borrowed. The said Williams' purchased with said funds the following negroes and at the prices following, viz: Jack for $765, George for $800, Bill Shepherd for $700, Bill White for $1000[,] Mills a free boy of Colour for an [unexpired?] term of years in his Indenture of Apprenticeship for $126.37 and a Negro Girl named Lizzy aged about thirteen years for $450, and paid for the Expenses of the said negroes until they were shipped the sum of $167.25 making in all the sum of $4008.62 Expended by said Williams in the purchase & for the Expenses of the said negroes instead of the sum of about $4500 as stated in the Bill, besides which sums, the said Williams paid the [two?] sums of $78.33 and $68.33 on account of discounts at Bank. and the sum of $36.87 to William Reed leaving a balance of $729.52 in his hands which he wrongfully applied to his private purposes. George[,] Mills[,] Jack and Lizzy were shipped on the schooner Choctaw on the 30th October 1838 and received by this respondent in Louisiana in the latter part of November ensuing. As the girl Lizzy could be of no service to the Concern in Louisiana & was in fact purchased by the said Williams in manifest opposition to the intents and interests of the Concern. This respondent as the only means of saving respondent from loss, sold the said Lizzy soon after her arrival for $480. The [illegible] of which sale will hereafter
3 be disclosed. The negro men then received were hired for about eight weeks to Dennis Vermillion and the wages received from him for their hire amounting to $100 duly credited. After which time until they were sold they worked for the partnership concern of D Sanford and Company under the superintendence of this respondent. On the 28th day of January 1839 negroes William White & William Shepherd were shipped by said Williams on the Schooner Pelican and received by this respondent in Louisiana some time in February 1839, when they were immediately Employed by this respondent in the business of D Sanford, contract with the other negroes previously shipped by the said Williams. All of the said negro men so shipped by the said Williams were with his assent recognized as the Negroes of this respondent and their hires claimed by this respondent from the concern of D Sanford & Co. the operations of which concern in Louisiana were under the control and Management of this respondent. No agreement was made between the said Williams & this respondent as to the rate of wages to be allowed. The understanding being that this respondent was to work the said Negroes with 9 other Negros belonging solely to this respondent and to account with the said Williams for his share of the hires which he might receive from the Concern of D Sanford and Company for the wages of said Negroes, which had not been fixed by any [illegible] arrangement between this respondent and the said Sanford and Allmand. The wages to be allowed would of Course vary with the respective capacities of the said negroes and according to the Established custom of the country. The wages were to be paid only for the actual time in which the Negroes were actually Employed, an accurate account of which was kept and the wages charged accordingly, all which facts were well known to the said Williams. This respondent further states that William White the