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Phillis: Freedom Suit, Montgomery County (Part 12 of 20)

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Virginia Montgomery County S ct This day Elijah Meacham of said county personally appeared before me the subscriber and made oath that he has lately been summoned by the Sheriff of this county to attend the Circuit Superior Court of Law and Chancery for the County of Rockbridge at its next term, as a witness for certain negroes suing for their freedom, against the heirs of James Charlton deceased: and also for the purpose of shewing cause, why he should not be fined according to law for failing to attend at the last term of said court, as a witness for said negroes. The said Elijah Meacham would state upon oath that the reasons why he did not appear at the last court are these, he is now in his 85th year of age, that he is quite feeble and infirm, and is not able to endure the fatigue and labour necessary to go such a distance, he is unable to ride that distance on horseback, and he cannot walk there, unless he would walk but a few miles per day, and he has no funds either to procure a carryall or defray his expenses, that he has no income except a small pension which he draws annually, which barely renders him a support. That the reasons above stated are also offered as an excuse why he cannot attend at the next term. He would be very fair from intentionally offereing a contempt to the court, but he states that his situation is such that he cannot attend unless means are provided for the purpose of conveying him there and defraying his expenses. Elijah Macham Sworn to and subscribed before me a Justice of the Peace in and for the county aforesaid this 10th day of September 1845. Ro: Gardner J.P. The Clerk will do me the favour to present his affidavit to the Judge.