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his knowledge have but one of these women as a wife at the same time. That Washington applied to him at about Christmas of 1865 for the boy and that said Nicholson told him to wait until the succeeding Christmas and see to whom the custody of the boy belongs; that at the succeeding February term of the County Court the said Nicholson had the boy bound to him and that the boy was not present nor was the said Washington notified of his intention to make the said application to the court & was not present that we know of.

The Record of the Court showing the order was then produced, which disclosed the fact that the order to bind the boy was made at the November term 1866 instead of the February term of that year as deposed by Mr. Nicholson as petitioner is willing to believe under a mistake. & which order is in the following words. "Ordered by the Court that Tom Nicholson  free boy of colour, aged ten years, be bound unto Nathaniel Nicholson his former owner, until he shall arrive at the age of Twenty one years, upon his entering into bond with John Nicholson as surety and interchanging Indenture according to the Act of Assembly."

The petitioner Washington & his son Thomas was then produced by his counsel before the court, and the boy Thomas formerly detained to the custody of the court.

The boy Thomas was then asked by the court what made him run away from Mr. Nicholson, he replied
"nothing" Did anybody persuade you to run away? No sir. Mr. Nicholson treat you well? Yes sir. Then the examination ceased.

Upon argument the following grounds were relied on by the mover through his counsel, to wit
1. That the status of Washington Bobbitt is now and was at the time  by November 1866 that of a Free Citizen of the County of Halifax in the State of North Carolina.