O Say Can You See

The deposition of Charles A. Stokes, above the age of twenty one years, taken to interrogatories hereto annexed in [illegible] of previous notice given the defendant plaintiff by me, a [illegible] of which duly served accompanies these proceedings, which deposition was made after the said deponent was carefully examined and cautioned and sworn to testify the whole truth, which depositions are to be read in evidence for Thomas Miller in a cause of petition of freedom in which John Battaile is petitioner against said Thomas Miller, pending in the Circuit Court of the District of Columbia for the County of Washington.

R. C. Weightman Mayor (Seal)

To the Defendant's first Interrogatory, Deponent answers— I do. The sale took place on the 4th of September 1824 for the consideration of two hundred & fifty dollars, the price being agreed upon at Alexandria. Deponent's agent McCandlys paid the money, some where he presumes in the District. The agreement with James R. Miller of whom I purchased was made in Alexandria. I was aware that there was a law which made the purchase on this side of the   the water illegal. and I therefore required that the delivery of Battaile should be made in Alexandria, where I would take him if he answered the description given of him.

To Defendant's 2d Interrogatorry, deponent answers— I do.

To Defendant's 3d Interrogatory— deponent answers— I left him in jail— the fast news I had of him afterwards was that he had escaped & gone

To Defendant's 4th Interrogatorry, deponent answers— I do know

To Defendant's 5th Interrogatory, deponent answers— The facts stated in the first part of this interrogory I heard from the Defendant, his wife & son. The defendant did make the offer referred to in the second part of this interrogatorry.

To Defendant's 6th Interrogatory— deponent answers— I knew him to be a runaway. The Defendant's motive was that Battaile might return to his family. I consented to the arrangement.

To Defendant's 7th Interrogatory, deponent answers— I have not.

To Defendant's 8th Ingerrogatory, deponent answers— I did.

 

To Defendant's 9th Interrogatory, deponent answers— He was not in jail at the time of the agreement— but was put in before the money was paid.

C. A. Stokes

To the Petioners first cross Interrogatory— deponent answers— He was.

To Petitioner's 2d Cross Interrogatory, deponent answers— I did not and he did not.

To Petitioners 3d Cross Interrogatorry— deponent answers— He was not.

To Petitioners 4th Cross Interrogatory, deponent answers— I do not know.

To Petitioners 5th cross Interrogatory, deponent answers— He resides in Georgetown.

To Petitioners 6th cross Interrogatorry, deponant answers— In the course of the same day following day— Jas R. Miller & myself came up in the steam boat.

To Petitioners 7th cross Interrogatory, deponent answers— McCandlys told me it was.

To Petitioners 8th Cross Interrogatory, deponent answers— not that I know of.

To Petitioners 9th cross Interrogatory, deponent answers— He knew that I was [illegible] lunch after[?], and at the Tavern purchasing—

To Petitioners 10th cross Interrogatory, deponent answers— I do not know.

To Petitioners 11th cross Interrogatorry, depo-
nent   -nent answers— He was delivered there on the 4th of September 1824.

To Petitioners 12th cross Interrogatory, deponent answers— It was the receipt of James R. Miller for the purchase money.

To Petitioners 13th cross Interrogatory, deponent answers— James R. Miller told me so.

To Petitioners 14th cross Interrogatory, deponent answers— Mr Thomas Miller the Defendant stated that he did not wish to purchase negros, but that Battaile was a man of good character & family negro. & he wished him to return to his (defendant's) family.

To Petitioners 15th cross Interrogatory, deponent answers— Eli Legg with whom I boarded and who kept a private jail for such purposes— I was present and Battaile was put in jail at the request of James R. Miller, before the consummation of the bargain.

To Petitioners 16th cross Interrogatory, deponent answers— I do not know where James R. resided, but Thomas resided in the city of Washington.

To Petitioners 17th cross Interrogatory, deponent answers— I do not.

To Petitioners 18th cross Interrogatory, deponent answers— James R. Miller told me that he came from Virginia.

To Petitioners 19th cross Interrogatory, deponent answers— some time in October 1824.

To Petitioners 20th cross Interrogatory, de
ponent   -ponent answers— I am going about six hundred miles. I shall go in a day or two and am compelled to return to Alexandria in November next as I am a witness at the November term.

C. A. Stokes

The aforegoing depositions of Charles A. Stokes to interrogatories and cross interrogatories [illegible] annexed were taken by the subscriber, Mayor of the City of Washington, on Tuesday the first of May 1827 in his office at the City Hall at 12 M., in pursuance of notice orig given the plaintiff, to be read in evidence for Thomas Miller in a cause of petition of freedom in which John Battaile is petitioner vs. Thomas Miller, defendant, pending in the Circuit Court of the District of Columbia for the county of Washington. The said Stokes being before deposing carefully examined and cautioned and sworn to testify the whole truth. And the testimony by him given being by said Stokes subscribed after the same was by me reduced to writing in the presence of said deponent. The defendant & petitioner both appearing at the time by their respective attorney. The reason of taking the said deposition is, that the said deponent Charles A. Stokes lives in Lincoln County, State of Georgia, and is about to go out of the county of Washington and District of Columbia to a greater distance from
the   the place of trial than one hundred miles. And I certify that I am not of counsel or attorney to either of the parties, or interested in the event of the cause, all of which depositions, reasons and certificate I now proceed to sign and seal up under my seal and directed to the Circuit Court of the District of Columbia for the County of Washington, to be read in evidence in the cause aforesaid.

In testimony where of I have hereunto subscribed my hand and affixed my seal of office as mayor of the Corporation of Washington this first day of May 1827

R.G. Weightman, Mayor.

Alexr. Wm Hewitt Regr