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I persisted in my intention of leaving the place. Mr Marshall subsequently told me that if I would go with him to Brazil, or to Texas, or would live with him he would not prosecute me. Relying on my innocence I refused each of these propositions.

At the spring term 1866 of the Circuit Court for this county Mr. Marshall appeared before the Grand Jury and procured an indictment to be found against me for grand larceny, for taking that mule to Capt Carpenter. I was arrested last summer on the indictment; and am now held to answer the charge in the Circuit Court of this County.

Since my arrest I have made repeated efforts, by letter and otherwise, to ascertain where Capt. Carpenter, or some of his command, might be found in order to get their testimony in my behalf, but my efforts have been entirely unsuccessful. My perfect acquittal before the law here would certainly result from their testimony if it could be procured. But without their evidence I greatly fear that a trial, with the testimony of prejudiced witnesses against me, an unjust conviction would be had an I sentenced to the state penitentiary. Mr Marshall, the principal witness