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10 James D Wharton being recalled and examined by the Court. Says he was present when Simon was carried before Judge Stapleton for running away. He ordered him to wear a ball & chain fifteen days & to be fed on bread and water, he was turned over to John Stapleton, to carry out his sentence. I Edgar M Butt Judge of the County Court in & for Monroe County do certify that the foregoing is a brief of the testimony taken in the case of the State against John Stapleton, henry A. Sims and James Baldwin for Assault & Battery. Given under my official signature this May 7th 1867. E.M. Butt, J.C.C. Attest Geo. W. McDuffie Clk Judgement of the Court State of Georgia vs John Statham Henry Sims & James Baldwin Assault & Battery upon the person of Simon Livingston a person of Color Upon hearing the testimony and all the fact on the trial