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Johnston, John J. v. Mitchell, William A., etc.: Chancery Cause, Warren County (Part 3 of 4)

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Warren County to wit:

John J Johnston this day made oath before the undersigned a justice of the peace for said County that James Mitchell of Clarke County is a material witness for him in our Injunction case now defending in Warren Superior Court wherein affiant is Plff and James C. Mitchell & others are defendants, that he considers him his most important witness & without his testimony he cannot go safely to trial: that he had said witness summoned to appear before [illegible] of Clarke County on the 11th March 1845 at the Swift Shoal Mill about 4 or 5 miles from his residence, but the witness refused to attend: that he afterward received the summons to take his deposition at same place on the 28th of March 1845, but he did not appear on the latter occasion he is informed the officer did not execute the summons altho it was placed in his hands about seven days before the last named day for taking said witness's deposition that said affiant is informed & believes that said witness has expressed his determination not to give his testimony in this cause given under my hand this 31st March 1845

G.R. Roy