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"About the 1st of April, 1867, I saw Mr Lacy, in Mr Hallowell's Office with a sample of tobacco which he said was a sample of Mr Jennings. I know nothing more of this tobacco."

Cross Examination.

"I believe the sample of tobacco to be a portion of the tobacco under dispute."

Charles McCafferty, being duly sworn, testified as follows.

"Thomas Jennings told me that he had reserved the right to ship the tobacco and pay to Mr Lacy the money received. I know that Jennings represented the tobacco to be his up to the time that Flippen levied upon it. The judgments were rendered against Jennings about the 10th of May 1867."

Witnesses for the defence.

James Lacy, being duly sworn, testified as follows.

I held Thomas Jennings bond for $365. and he contracted debts amounting to about $80. more besides which he owed me for a years board. I told him that I must have the money, and told him that I wanted a bill of sale of the tobacco, so that I could use it as money, and I considered that he had no further claim upon the tobacco after he gave me the Bill of sale. I told him that I wanted him to order and prize the tobacco for me, as I knew nothing of the business. When he shipped this Hogs Head of tobacco he came to me for my consent, and agreed to turn over the proceeds to me, which he did in part. He received $38. for the tobacco, and I received about $15. of it. The Bill of sale was executed on the day that it [[strikethrough]] was [[/strikethrough]] is dated. I know that Jennings owed no one when

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