O Say Can You See

Sabret Scott makes oath that Polly Wren is a natural witness on his behalf in the Petition of Negro Ben against him; that she was examined on the former trial of the same case, and the deponent cannot go safely to trial without the testimony of the said witness; that the said witness resides, and has resided for about eight months past in the County of Loudon, about thirty miles from Washington; that she is far advanced in her pregnancy and utterly unable to travel from her home to the place of trial; that about three months ago she came on a visit to George Town and was so much injured by the journey on her return home as to be taken ill, and to continue ill for upwards of a week, and was in great danger of a miscarriage; that this Deponent knowing the said witness to be utterly incapable of performing the Journey in her present condition & state of health, and to have been disabled from the same cause, for one month and upwards last past, to travel from her house to this place, did not cause her to be summoned, knowing that such summons could not be obeyed, and would be only production of fruitless expense.

Sworn in open Court. June 15th 1810
Wm Brent Clk

The within named Sabret Scott further makes oath that the within named Polly Wren was examined as a witness on the former trial of this cause to prove the fact, and he fully expects to prove the same again by the said witness, that the Petitioner was brought over from Virginia into Maryland in the first year of the Deponent's removal from Virginia into Maryland; and this Deponent fully expects that he it will be in his power to have the benefit of the evidence of the said witness at the next session of this court, by which time he expects the witness will be able to attend, and will attend.