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Mrs Muray witness for the plaintiff swore positively that A Murray wast at home all night of the 4th inst she swore that she could not be mistaken that she did not sleepe but vary little through the night
The cause of my dismissing the case is as followes [[oured?]] law is off a witness is mistaken in one parte of his Evidance and it is so proven you must set it all aside or except it all is it not reasonable to suppose that Leath under the excitement might be deceived I so consider it I am vary shure that I should have ben excited I did not thinke that I should be in my duty to set the evidence of Mrs Muray aside when she was not under the same excitement as Leath must to have ben it might be s'd that it was trough the ignorance of the col man that he did note make out his case that is not my fault a magistrate is sworn not to be of councel in any case that is [[defendan?]] before him for trial and consequently I could not advise him