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would not consider Harveys plea that he had harvested the Corn under the Contract, and did neither intend to steal it, being a part owner, nor had even hidden it, but had stored it in his house, the only safe Storing place, until Division, — nor did he consider the Contract as having anything to do with this, nor would he allow a Continuance until I could be notified to appear as a witness for Harvey, but bound him over in the Sum of $150.00 and in default of finding good security, who was to be worth over $1500,00, and to be no Nigger, sent him to Jail.

Harvey subsequently escaped from the Constable and came to me. I am sorry that Harvy did not go to jail and then make his Complaint, but as I am confident that he has committed no Larceny, because he having rented the Land the Crops were his until Division and as he neither concealed nor disposed of any, but held it ready for Division until Caffey was ready to comply with the Contract, and furthermore, as he had not been furnished with a Barn to store the same, the place where he stored it was the only secure place.

Under the Law, Larceny is the wrongful or fraudulent taking and carrying away by any person, of the personal goods of another, from any place, with a [[underlined]] felonious [[/underlined]] intent to convert them to his (:the takers:) own use,