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deponent does not recollect that he saw defend't from the time of the swap till after the negro died - Deponent says that the negro Tom given by defend't to Plaintiff in exchange for Jacob was a slow hand to work - very willing - had a shortness of breath, so that you could hear him breathe at the distance of ten steps or more when he was at work - deponent says that defendant carried negro Tom to Prince Edward Courthouse and as dep't heard for sale, before the exchange. Question by Defendant How long have you lived as Overseer for the defend't - Ans'r - I live with him three years. Question by Defendant, Do you know whether Mrs Howard wife of the deft was in the habit of paying particular attention to all sick persons on the plantation Ans'r - She did so Question by same do you know where defendent was when you moved there to live Answ'r. he was in Lunenburg, as well as I recollect & further Deponent saith not - Davis Osborne x his mark

Cumberland County Sct The foregoing deposition was duly sworn to before us this 13th Nov'r 1828 Wm M Thornton {Seal} John Trent {Seal}