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The whip was not large—dont think the girl was heart much, Deft. when he came up seemed to be very mad & looked very angry. Struck Dec. right off

Lavinia Newell, sworn

Is the daughter of Joshua Newell the deceased,

She, & her father & the boy Buck were working in the field together hoing & Deft was plowing some dis-tance off. Her father tied her with his gallas & was whipping her when Defendant came up—did not see him when he first came up did not see him strike the first blow. Her father was lying down when she saw him strike—caught the hoe & told him not to strike, him. Deft did not say any thing about killing her father—

Her father whipped her with a peach-tree switch about as big as her thumb & consider-able long—Deft did not say a word when she told him not to strike him more—She was nearer to her father—than Buck Goodwin, Heard nothing said by Deft.