O Say Can You See

John Strother makes oath that he was informed by his counsel that this cause was not for trial at this term; and it is only within the last 24 hours that he was apprised of the attempt now made to call up the case for trial at this term; that he is wholly unprepared for trial; though there is evidence, at a great distance, and which he has a reasonable expectation of proving at the next term competent & necessary for his defence in said suit; and without which he cannot try the same with Justice to his cause; in particular that one Eli Jacobs is a competent, material & necessary witness on his behalf, without whose testimony he cannot go safely into the trial   of the said suit and whose testimony is necessary to the Justice of the cause: that he expects to prove by sd witness that the petitioner was not imported into nor sold within this county, contrary to the act of assembly of Maryland, which was adopted by Congress as the law of this County; nor contrary to any other law; but that the only disposal ever made by the of the petitioner in this county, especially the supposed disposal of him to this deft. upon which he is given to understand the present claim of the petitioner to freedom depends, was a bound the petitioner to service for a term of years and then to be free. That the said witness lives somewhere in the Western Country, but where this deft is not now certainly   informed; but expects before the next term to ascertain his residence & procure his evidence, either in person or by deposition, according to as circumstances may render necessary.

Sworn to Open Court
Jany 14 1826
Wm Brent ck