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at the time the horse was run off or stolen; or previous to that date - and notified Spangler to turn the horse over to a disinterested party; until the claim could be established. Subsequently on deciding the case in favor of Mr Childress, the horse could not be found; but according to the statements of Mr Childress witnesses had been run off or disposed of in some way by Mr Spangler. The affidavits referred to are those of Mr J. M. Gibson, Geo. V. Cornell, Valentine G Akers, Mary Spangler and Sarah G Cornell. Those who personally appeared before Capt. Hurst were Nelson and George Grannand and James R Paragory and those not heard by Capt. Hurst were Mrs Smith, Jonathan Hall and George Olinger. I have recently been informed that Mr. Hugh Graham on whose farm Spangler states that he sent the horse to pasture is deceased and therefore no evidence can be obtained from him. His wife and son I am informed, know something of the circumstances in the case, but have failed to comply with any request to give me the necessary information.

You will also find enclosed instructions issued by Capt. Hurst on May 19th 1866 requesting the civil authorities to act in the case - also the affidavits of Elijah Ratliff and Henry C Howard, testifying to the ownership of the property. Mr Childress has numerous other witnesses in the case, who are ready to make affidavit that said horse, was the identical horse taken from him, in the month of April 1865, and that Spangler run him off, or otherwise disposed of him, in order to prevent his being returned to said Childress.