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five witnesses were sworn besides himself. Two of them testified that they knew of the said horse being purchased at a sale by the U.S. Gov't:- at public sale in Washington in May 1862, & also that the same horse was sold to one Mackey at a public auction in May 1862, & knew it to be in said Mackey's & and the deft's: possession from that time until the present. Mr Mackey testified that he kept the said horse until Nov. 1864, when he sold it to deft. & that it was kept by deft. until the present time, in Washington. The other three witnesses for the deft testified that they knew the said horse to be in Washington from May or June 1862, until the present time & in the possession of Mr McKay & the deft. during that time. The horse was purchased by Mr May at the sum of $69. It had the brand of the Gov't: U.S. &c and this is all the evidence in the case produced at the trial. On the verdict of the jury being rendered the deft moved the Court for a new trial on the grounds. First- That there was no evidence of damages given on the trial.- Second- The evidence is not sufficient to sustain the verdict & such verdict is against the evidence. Third.- The said horse having been captured by the Gov't: in an enemy's Country & thereby became the property of the Government & the title thereto having traced to the Gov't: by the deft: the pltff. had no right to recover said horse from a bona fide purchaser of the Gov't: even if it had been before it was taken his property. The Court overruled the motion