Hagar: Freedom Suit, Augusta County (Part 8 of 17)
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aforesaid. That John Littlejohn, Charles Binns and Samuel Murray of Loudon County, he considers material Witnesses for him in his defence in a suit brought by Hagar a Slave against him in Grayson Court and that he verily believes, that by reason of age infirmity, sickness or otherwise the said Witnesses are unable to attend Grayson Court. sworn to and subscribed before me this 12th day of November 1810. Frederick Idle. M. Dickinson DC. The Commonwealth of Virginia: To Wilson Cary Selden, William Butler Harrison and John Rose Gentlemen Justices of Loudon County Greeting: Know ye that we trusting to your fidelity and provident Circumspection in diligently examining John Littlejohn Charles Binns and Samuel Murray Witnesses in behalf of Frederick Idle in a certain matter of Controversy in our County Court of Grayson depending and undetermined, between Hagar a pauper plaintiff and the said Frederick Idle Defendant, Commanding you or any two or more of you, that at such certain times and places as you shall appoint, you assemble yourselves together and the Witnesses aforesaid before you, you call and cause to come and diligently examine on the Holy Evangelist of All Mighty God and their examination unto our said County Court of Grayson distinctly and plainly without delay, you shall send and certify enclosed: together with this writ, Witness William Bourn clerk of our said Court the 12th day of November 1810 in the 35th year of the Commonwealth. W. Bourn The Commonwealth of Virginia: To the Sheriff of Loudon County Greeting: you are hereby commanded to summon John Littlejohn Charles Binns, Samuel Murry & Wilson C. Selden to appear before the Justices of our County Court of Grayson at the Courthouse on the fourth tuesday in March next to testify and the truth to speak in behalf of Frederick Idle in a certain matter of controversy in our said Court before our said Justices depending and undetermined between Hagar a Slave plaintiff and the said Frederick Idle Defendant and this they shall in nowise omit under the Penalty of £100 each, and have them there this writ, Witness William Bourn clerk of our said Court the 12th day of November 1810 in the 35th year of the Commonwealth. W. Bourn Sheriffs return "Executed on Le. Murry. March 12th 1871 Thos. N. Binns DS. for Ck. Bennett & HSLC. (Executed Shf. [in left margin: Affedt of Idle, Com. Spa] Executed on John Littlejohn, Charles Binns and Wilson C. Selden. 12th March 1811. John Lenton DS. for Ch. Bennett H.S L Cty, John Kelly esq.. Sir please take notice that on the 12th instant I shall proceed to take the Depositions of John Littlejohn, Samuel Murry, Charles Binns, Robert Binns, John Binns, William Binns, James Binns and Wilson Carry Selden at the County Clerks office in the Town of Leesburg in the County of Loudon to be read as evidence in a suit now depending in Grayson County Court. between Hagar a slave plaintiff and myself, Defendant, wherein you John Kelly are prosecutor for said Hagar: March 2. 1811 Frederick Idle Rockbridge County This day personally appeared before me a Justice of the peace for this County James Woods and made oath that he delivered a true Copy of the written notice to John Kelly on the fourth day of this month, Given under my hand this sixth day of March 1871. Jo. Cloyd Loudon County Sct. By virtue of a Commission from the County Court of Grayson to us William Butler Harrison Wilson C. Selden and John Rose Justices of the peace for the County of Loudon, we have assembled ourselves this 12th day of March 1811 at the County Clerks office in the Town of Leesburg Loudon County and having called and caused the Witnesses in the said Commission named to come before us, they being sworn Charles Binns deposeth and saith that on the 15th day of October 1810 he compared the Certificate of Thomas Lewis then in the possession of Frederick Idle, the signature of which certificate is the hand Writing of Thomas Lewis Gent. then a Magistrate (and for a long time previous thereto) in and for the County of Loudon and gave a certificate on the back of the certificate signed by Thomas Lewis which certificate is true, And this Deponant having been acquainted with the hand writing of the said Thomas Lewis for several years, not only as a Justice of the peace but as an Acting Sheriff of the County of Loudon has not a Shadow of a doubt but that the signature aforesaid is [in left margin: Spa return, Notice, Affa, Depo C. Binns]