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happened to him and that he was coming to New Berne to complain. Sheriff Smith said, "You ought to fetch Nick with you" meaning a man who had a similar complaint. Said that he couldn't do anything and that the best thing was to come to New Berne. Deponent then came at once to New Berne These were present while Deponent was beaten Danl Perry Tom Irvin (a colored man) John Ellis & Buck Franks and others. Deponent thinks Buck Franks is the man that took the gun from Heywood David Green his X mark Sworn & subscribed before me this 19th day of Jan 1866 F A Seely Capt & Supt E District