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on the 14th day of Dcmr 1808 Sworn to & subscribd before me John Evans when the taking of this Deposition Commenced Fredrck Idle could not produce a proven votie to authorize the taking the Deposition But Gaines agreed to permit him to proved without further trouble provided Frederick Idle would permit the affidavitt of Capt James Ward to be Read as Evidence in the threat of the said Injunction which had been previously taken [by] party to which the said Frederick Dee Ager Attest John Evans Philip Gaines Frederick Idle