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Evan Riggins is a boy, who had little or no idea of the obligations of an oath and was as disturbed by the remarks made to him of its importance as not to remember much else.  His evidence was unimportant.

Chaplain Ashley simply sent some colored hands to R. and they never saw or knew him (Ashley) before or after nor he them.  Certainly not important.

Mr. D.D. Barber's testimony is important in many particulars and generally supports the Charges.  He gives Ben Simpson as good character as other colored men and further states a very important fact as teaching the reliability of the affidavits by which the Defence is chielfly made.  The reason why an important one of those Affidavits swore positively & definitely he would not believe Ben Simpson in Oath was simply that he would not believe any "nigger" and Ben was black!

These Affidavits could have properly been ruled out.  Such evidence is always [[underlined]] ex parte. [[/underlined]]  The only Affidavits of much value where Affidavits are unknown are those taken when Prosecutor and Defendant are both present.  The strict Cross-Examination of the witness, his manner upon the stand, even the variations of his countenance are the genuine test of truthfulness.  This is a fundamental principle of the law of evidence.

It has not been shown to the Court why these Witnesses were not before it.  The Court was not requested to summon a single witness for the Defence and the time employed in finding the Deponent and taking Affidavits would have served to summon four times the number.  The Court is competent to compel attendance upon its order.