Affidavit, 20 October 1843–E [Dana v. Brink]

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Circuit Court Oct. term AD 1843
I , the defendant in the above entitled cause, of the County of and State of of lawful age being duly sworn do depose and say that there are two individuals <​to wit Catharine Wilkey and Matilda Stafford​> that are material witnesses for in this cause without whose testimony <​​> I cannot safely proceed to the trial thereof that said witnesses reside at in the County of that or about the first of October AD 1843. this <​by the order of the of the Court​> sent to the place of residence of the said witnesses for the purpose of having them served with a subpena in this cause, but one of said witnesses Mrs. Catharine Wilkey <​as appears by return of said Subpena could not be foun[d] in said ​> was <​being​> absent on a visit to , whither she had gone some time in May last and from whence she is not expected to return untill some time after the expiration of the present term of this Court as this is informed and verily believes to be true— that hopes and expects to procure the attendance of the said Catharine Wilkey at the next term of this Court— by which witness expect to show the state of health of the of said at the time was called to render medical service to said and for a long time previous and subsequent to his attendance as Physican on said — that said witness Catharine Wilkey was intimately acquainted with s and visited [p. [1]]
)
vs)
)
Circuit Court Oct. term AD 1843
I , the defendant in the above entitled cause, of the County of and State of of lawful age being duly sworn do depose and say that there are two individuals to wit Catharine Wilkey and Matilda Stafford that are material witnesses for in this cause without whose testimony cannot safely proceed to the trial thereof that said witnesses reside at in the County of that or about the first of October AD 1843. this by the order of the of the Court sent to the place of residence of the said witnesses for the purpose of having them served with a subpena in this cause, but one of said witnesses Mrs. Catharine Wilkey as appears by return of said Subpena could not be found in said being absent on a visit to , whither she had gone some time in May last and from whence she is not expected to return untill some time after the expiration of the present term of this Court as this is informed and verily believes to be true— that hopes and expects to procure the attendance of the said Catharine Wilkey at the next term of this Court— by which witness expect to show the state of health of the of said at the time was called to render medical service to said and for a long time previous and subsequent to his attendance as Physican on said — that said witness Catharine Wilkey was intimately acquainted with s and visited [p. [1]]
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