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I had set the time of the trial Monday 19th Nov 10 Oclock A. M..  He asked me to hold on and proceed no farther till he was me again I told him I could not wait without risk but I would hold still till Friday night but he must not talk about what was going on or my Bailiff might find trouble in making the arrests.  He then said if he did not come on Friday night I need not arrest the parties, that he would drop the case as he wanted to change his residence, and he did not like the idea of having to attend court.  On Friday I wrote out the processes and awaited his coming.  He came not, and I supposed he had declined the prosecution.  I was inclined to bring the parties to court, to answer for their conduct.  On Saturday 17th Nov. 1 o'clock P. M. he came and seemed aline to the prosecution and asked me if he should bring his gun when he came to the trial.  I told him that he would certainly prejudice his case by so doing.  We talked freely about the case and the probable results.  And he left me by saying he expected the easiest way to dispose of the case was to go away as he had intended.  I told him I had nothing to say about it, I should if possible have the parties arrested, and brought to trial before me at 10 oclock A.M. on Monday 19th Nov. And we would then find the merits of the case.  I delivered the warrants for debts' and subpoenas for witnesses to my Bailiff.  And by 12 OClock Monday the Defendants were before the court.  The case was called and James Burbage was called but did not answer.
A motion was made on the first case to dismiss which I would not as the State was a party and the prosecutor witness being present I heard