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4
Rebutting Evidence

(white) Arnold, M.P., recalled

While prisoner was at the station house, in 7" Ward, he said that he slept at some place about 3 miles from home didn't know whose house it was. That he had traded for the horse, on Tuesday; that no one was present, & he had no one whom he could prove it by.

The state's attorney declined to argue. Mr Clark argued the case to the Court for a few minutes- 

I considered it so plain a case I did not desire to argue it. There was no evidence, except the presumption of guilt arising from having the property in his possession; and this had been successfully rebutted by our testimony-

The Judge consulted for a moment, &  Judge Ford delivered the [[strikethrough]] [[illegible]] [[/strikethrough]] verdict of Guilty. He said Fairalt was a witness unimpeached: that Tom Coleman was not put