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Wm Russell
vs } affidavit
Thos. H. Tindall

Filed October 14th 1829
D. E. McKinney clk

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Superior Court October Term 1829

Thomas Tindall
adsm
Wm Russell

Same
adsm
Same

Territory of Arkansas ss: Thomas H Tindall the Defendant in both of the above entitled cases being duly sworn says that Robert McElmurry-Nimrod Menefee & Thomas Mathers sworn and are material witnesses on the part of the Defendant without whose testimony he cannot safely proceed to trial & that he cannot prove the same facts by any other witness & that neither afsaid Persons are in attendance in this Court that since the last just before last April Term of this court he received a Letter from the Plaintiff proposing a compromise as Witness understood it of these two cases & inquiring of witness if he would [Image of page 3] furnish him with a Lovely Donation claim for three hundred and twenty nine of land in satisfaction of Plaintiffs claim in the foregoing two cases, Defendant answered said Letter since the last Term of this Court & offered a Donation claim with a condition thereto annexed which he believed would probaby have been acceded to by said Russell but that since that time Defendant has received no communication from said Russell on the subject Defendant believes in consequence of some failure in the transmission of his Letter a Russell answer by mail & Defendant further says that in consequence of the aforesaid proposal for compromise he had not caused Subpoenas to be issued for the aforesaid witnesses & came to Town of Little Rock at this time in the full expectation [Image of page 4] of receiving an answer from said Russell at the Post office at this place, at which office he usually receives his Letters, but has inquired & found none & further saith after failing to find a letter here on his arrival it was too late to procure the attendance of his said Witnesses & further saith that Thomas Mathers one of said Witnesses is now in this place & a Member of the Legislature & that he is too much indisposed to attend the Legislature or this Court & that he cannot prove the same facts by any other Witness & further says he has caused said Mathers to be subpoenaed this morning he is not in attendance & further says he expects to obtain the testimony of said Persons at the next Term of this Court & this application is not made for delay but that justice may be done
T. H. Tindall
Sworn to & subscribed in open Court Oct.14th 1829
D. E. McKinney Clk.

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