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He is advised that this cross bill, so called, was and is wholly unnecessary, because all the facts, specifically charged, and fishing inquiries, could as well have been drawn out upon interrogatories before the commissioner, and by examining Edmund Rosser as a witness, he having no interest in this controversy. This Deft denies that Abram ever was a partnership negro, directly or indirectly, he was unknown to this Deft: until they were in the act of starting on 2 Dec 1838, as charged in this Deft's bill, he was not worth a dollar, and the putting him upon the list after his return 19th Dec'r. 1838 was a wicked and deliberate fraud upon this Deft's rights - he has in his bill given a true version in relation to this negro, and he is advised upon no principal, legal, or equitable can his rights be effected by the cunningly advised plan of the Plt: to palm this negro upon the partnership, he was returned upon him by his agent Long, and when he shall have paid his expenses, right will have been done - This Deft is advised that an attempt of one partner to cheat another should not receive countenance, they must confide one with another, and the principal of Caveat emptor never apply's, as in dealings with other persons, who are always supposed to be jealous of their rights, and are required to exercise more caution, - But upon any and every principal this Deft: expects to show by proof, that the Negro was utterly worthless, and that the Plaintiff knew it, and knowing, concealed the fact iniquitously. This Deft: does not admit that the Pltff: had purchased six of the list of Negroes intended for Mr. Rives, before the partnership, he has declined to give their names, and especially he denies, that he has paid for them, he may have assisted in the purchase but was very guarded in the payments, they usualy gave their notes for the Negroes purchased one as drawer and the other endorser, but whether drawer or endorser, it usually fell to the lot of this Deft. to pay - The slaves bought of Smithson, of P. Jones, of T H Jones, of John Clark and of Mosly were bought on joint account, joint bonds, or joint neg'o. Notes were given as aforesaid; Nelly was bought not at auction but privately, Nancy never was a partnership Negro - Ben was partnership, but neither Abner or Fendal were ever partnership property, but the individual property of this Deft: and since Mr. Rives did not take any of the negroes, the proposition to average the price no longer obtained. The partnership had never paid a farthing for Nancy, Fendal, and Abner, these negroes should bear their proportion of expense, and then equal justice will have been done in relation to these three negroes. It is not true, that the partnership proper ever owned 17 Negroes as charged, on the contrary there were 13 company Negroes, 3 of this Deft's: individual property, and one the celebrated Abram, the Pltff: own property, and shift and twist the matter as the Plaintiff will, this is the truth, the whole truth, and