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at the hearing, that Tom had traded the horse to Miles for corn and had received the equivalent, had also agreed to deliver up the order, but had lied about it and retained it in his possession unlawfully. So plainly was this proven that, against my advice, and before the hearing was over, Tom abandoned the case saying "Master Miles, you take the horse."
The numerous witnefees introduced by Tom, proved that they knew Tom owned the horse (he had given fifty cents for him, to a cavalry soldier) because "Tom told me so" knew that he hadn't sold the horse because he had never told them of having done so, though he might have sold or traded him without their knowledge. The only thing I know about about his witnefees not being present, is, that Tom stated, at the hearing, that a small white boy could swear that he didn't know of Tom's selling or trading the horse. I had travelled about twenty miles to hear the case and I considered it useless to make the trip again in order to hear such testimony, especially as Tom had publicly abandoned the case, so with every disposition to help Tom, I had to order