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said Payne that Mr. Davis was a gentleman and would sell him a good bargain, that said witness is not absent by the procurement or consent of the Defendant and that this application is not made for delay, but that justice may be done.
W.A. Milner
Sworn to and subscribed
to before me this 11th day of
March A.D. 1867
Wm Cotten Clk
D.C.F.C.
"Affidavit of "Physicians"
We the undersigned practicing physicians of Freestone county & State of Texas certify that we have visited W.A. Milner at 10 oclock this morning the 11th of March 1867 and find him suffering from extreme depression of the nervous system, resulting as we believe from exhaustion consequent upon prolonged mental excitement, we believing further that in his present condition is unable to attend his trial now pending in court, without great risk to his health and probably his life. For the following reasons 1st his pulse at the time of our visit was 120 beats per minute, extremities and surfaces cold. Urine high colored and loaded