Lucinda: Freedom Suit, Fauquier County (Part 4 of 4)
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should bring before the court the creditors under whose executions your petitioners were in custody and ascertain whether their sale was indispensable to satisfy the claims of said defdts, as also the condition of the estate of the late Jno: R. Wallace their owner by whose will they had been emancipated - whom this bill also your Honor has refused leave lo sue as aforesaid granting them such protection pending the suit as would insure their forthcoming to answer the judgment of the court and in the mean time to allow them reasonable opportunity to prepare for trial. The said bill with the amendment thereto, and the exhibits to the same, they pray to to be taken as part of this further statement of their case, which by leave they file as a further amendment of their said first bill in equity. Your petitioners humbly suggest that as slaves in prison, without information, and without means, without time and without opportunity to prepare for a trial of their just claims they have yet by accident or good fortune been enabled to show with strong presumption at least by the admission of the adm'r. of their late owner that there are assetts enough his estate to pay the liabilities of his estate - to show this they refer to the annexed affidavit of Wm. F. Phillips Esq'r. marked No 1. and prayed to be taken as a part hereof, by which it will appear that the adm'r. when deliberately speaking of the assets that had & would come into his hands as admr. he admitted that there would be no impediment to the payment of his debts and the liberation of the petitioners save only the claim of Wm W. Wallace, and that the said Wallace had admitted that all his claims had been satisfied by a conveyance of lands in another state, which could not be presumed to form any part of the assetts referred to by the adm'r. when speaking of these assetts that would come into his hands as adm'r. in Va. That Wm. W. Wallace did make this admission of the full satisfaction of all his claims as above stated they have the declaration of English (ascertained since to have been to English & not to Deshields) as proved by the affidavit of Phillips, nor ought it to be objected that better proof would have been furnished by the affidavit of English himself, because a knowledge of the fact has just now appeared, that English lives in another County, and is at this time perhaps not even there, because strict & plenary proof ought not to be expected upon the sudden, in an iniatory proceeding, and because it is well known to your Honor as it is to all others, who know the character and standing of the affiant Phillips that English did say to him what he says he did say, as it is to all who know the character and standing of English, that Wallace did say to him what he says Wallace did say. But if your Honor will receive no evidence in the cause and know no fact in the cause but that which is legally proved & will make an intimation to that effect, then proof will be forthwith furnished of the character and standing of both Phillips & English as above represented, and will have after and as soon as the same s practicable obtain the affidavit of English. These petitioners in the imbecile condition in which they lie at present cannot upon an emergency like the present furnish evidence to a large extent of the assets of the estate of their owner not yet dec'd. in another County one full year, but here in the place of their imprisonment they can in addition to a suit now depending on the Common law side of your Honors court in the name of Wallace's adm'r. vs Helm in which about $500: is claimed and expected to be recovered shew assetts in money and in slaves subject to immediate sale, greater in amt than the debts claimed