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Pursuant to Commission to us William Paage and Robert Gay Directing the taking of Depositions from the Judge of the

Chancery District Court holden in Stauton, and agreeable to

a notice heretofore given we Meet at the house of William Paages in Bath County, we proceed to take the Deposition of John Smith, which will be read in evidence in and injunction now depending and undecided, in the Chancery District Court holden in Staunton wherein John Boller is Plaintiff and William McClintie is Deffendant we proceed on the 25th day of March 1812 to take the Deposition of John Smith who solemny affirms in the presence of Almighty God Deposeth and sayeth, that he was at the [n?]ovember court held for Bath County in the year 1808 which was the court that John Bollar Les was tried for the Murder of a Negro woman the property of J Bollar, and he heard William McClintie examined as a witness in [?]tual, - Id Mcclintie stated that he was at the inquest held on Sd Negro he was standing near her, and thought he discovered by the looks of her ear that parts of it was off and to satisfy himself he went close to her, and either raised the ear with his finger or took the ear between his finger and thumb. I cannot be positive which of the ways, and that he believed that part of it was off - he likewise said that there was a small cut or wound or her breast, which was of of a whitish colour, which he afterward compared to a deer or does bag but I understood it to be a does bag he meant. Quest by the Defendant, Did I state while on sath that her back was broke or as white as snow or chalk. Answ I heard nothing of her back being broke or as white as snow or chalk, Ques? by the same. did I give a lenghty evidence or not - Ans - I do not think it was lenghty, but very concise Ques by the same, Do you recolloct of hearing James MccCutchen son in law of Bollars, examined on the trial Answ. I heard a McCutchen was was said to be Bollars son in law, Examined Ques by the same, What did he say concerning the Negros health. Answ He said Mrs Mines told him that the Negro was