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as he did not suppose the old man, Joshua, was much hurt.

After dinner went to Joshua Newell's house with Deft, examined deceased found him in a dying condition, & uppon expressing that opinion Deft. disappeared.—Deceased skull was fractured & thinks he certainly died from the effects of the wounds. Deceased was not a very strong man—about fifty years old—Dec—& Deft. lived on friendly terms so far as he knew—they worked together on his place, & lived in a double log house but not in the same room, Deft was working for Dec.

Dec. died about six oclock on the day he was struck—

Cross Examined [gap] Deft. said he struck Newell because he was beating the girl Lovinia, his daughter who he had given to him Deft for a wife. Showed a suspen-der with which Dec. had tied her.

The girl is 16 or 17—& has a child a few months old—Deft. said had been living with her as his wife & heard her cries when Newell was whipping her, tied. From 4 to 500. yds. from where Deft. was plowing to where Newell was whipping the girl—but were in sight of each other,

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