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24 Case Continued Henry Kinny being duly sworn states as follows to wit: that he saw Howard Thomas' hands at work several times, that they worked well, that they cleared about five acres of new land, that it always has been the custom to give the first crop to those who clear the land, that he would not have cleared said five acres for the first crop, as it was very rough. That he thinks that six barrels of corn & 1200 crib of fodder is sufficient to feed one horse in crop time, that the laborer ought not to feed horses except during the crop, say for five months. J.D. Moss being duly sworn states as follows. To wit: that he saw Howard Thomas' hands at work several times, that they were the slowest hands he ever saw but they were generally at work. That he asked D.S Allen what his Brother (Deft) gave Thomas, that he (D.S. Allen) said that he did not know all the items, that he would not clear off the five acres of land, spoken of for the first crop. That he saw Jordan Chevanne cutting ditches. That he does not know who cleared off the said land. That ten barrels of corn & 2000 lbs of fodder is none too much for a horse to eat during the year. That the crops made on the old & new land looked well. Jonathan Jenkins being duly sworn states as foll To wit: That he saw Thomas' hands at work often, that Thomas' hands attended to the crop pretty much entire. That he would not clear off the five acres of of land spoken of for the first crop, that he saw Jordan Chevanne (F'd) cutting ditches on new land, & that Allen hired him (Jordan). 25 Case Continued Henry K Sandlin being duly sworn states as follows. That he was chosen Referee by consent of both parties, that Mr. Matthews was the other that we read the contract to Thomas (F'd) who said that he was willing to settle by that that he (Thomas) afterward said that he did not agree to furnish ten barrels of corn for each horse & we then refused to settle the question, that he always rented land to work and got the first crop for clearing up land. That he would not clear up land for less. LJ Matthews being duly sworn states as follows. To wit: Made the same statement as Sandling about being Referee the first time. That he was also Referee the second time that Mr Cook was with me. Examined accounts and decided that Allen pay Thomas ten barrels of corn. That Allen would not stand to that decision, that he (Allen) said that he was capable of making his own contracts & that the decision was not in accordance with the contract, that Plff & Deft then entered into bonds for $500.00 to abide by our decision, that they then decided after consultation that Thomas was indebted to Allen, $119.00, the he considering that the case was settled as Allen requested (meaning that the decision was made to please Allen, but that it was not just) that he did not sign written decision until some-time after that meeting. D.S. Allen being duly sworn states as follows; to wit: that he wrote a Contract between his Brother L.B. Allen & Howard Thomas (F'd) by consent of both parties also witnessed. Howard Thomas (F'd) signature that he had no interest in the farm of LB Allen last year that he read the contract to Thomas' hands & family & explained it to them. That L B Allen
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