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The deposition of Joseph Penn of lawful age taken at the Tavern house of Peachy Franklin in the Town of New Glasgow and in the County of Amherst, and in conformity to a notice to this 4th day of October 1825 and a commission to me directed, and at the Instance of Plaintiff Garland to be read as evidence in a suit now pending, and undetermined in the Superior Court of Chancery for the Lynchburg District, wherein David S. Garland is Plaintiff and Cornelius Powell, Defendant this deponent being first duly sworn, deposeth and saith, that this Deponent comminced business in the capacity of a store keeper for the plaintiff the 2nd day of February 1818 and continued with him until he broke up his business in that place in the month of June following, this deponent continued in the business of the plaintiff as agent to assist him in winding up and selling his business and has remained with him until the present time, in Feb 1818 this deponent found the defendant also in the business of the Plaintiff, who remained in it until June 1818 - The defendant had considerable dealing with the plaintiff, and a few had articles amounting to the sum of four dollars was charged in the hand writing of the deponent as will appear from a list headed Cornelius Powell to David S Garland charged by Joseph [Penn?] and delivered by this deponent except a dollar & thirty eight cents of [smith's?] work which was given in by the smith to this deponent to be charged the list of the articles amounting to $4 is herewith filed as part of this deposition; this Deponent has also examinded the original entries in the Defts account on the Books of the plaintiff from Sept 21 1812 until May the 29th 1818, and find charged in the hand writing of the Deft Powell in merchandize money & the sum of $856.90 as will appear from a list headed Cornelius Powell to David S Garland, original entries in Powell's hand writing which he begs leave to refer to as a past of this Deposition, the deponent is well acquainted with the hand writing of the Deft and believes all the articles