folder 097: Correspondence, 1–12 February 1822

should not be Should stand ready for trial should we fail in our attempt to do so. Of course the trial was laid over for a future day at Mr. Siler's by mutual consent. Mr. J. B proposed to have a meeting for the purpose of settling at his house which I declined, but told him I would meet him at any other place we would name- he re= plied he would fix on a place and time and let me give notice to me accordingly- which I assented to and promised to attend acordingly.

The time, however, set for b.. between this and that set for trial passed away without my recei= ving any notifications as agreed upon. We met at Mr. Silers on the day set for trial, and were urged by some of our Neighbors to try to settle ourselves_ we accordingly went out to try, but Mr. J. Brooks seemed to have forgotten his promise to purge his acc^t. and insisted on no other terms than a full allow= =ance of his as last shown- Of course we could not settle and the trial was laid over by myself on acc^t. of the nonattendance of some of my material Witnesses. A day was again appointed for trial, upon when we met and had our trial, and Judgment was given against me for the costs. Mr. J. Brooks at this trial for the first time producted a Book, whih ^which he made oath was the original, containing an acc^t. against me. Similar, in charges & am^t. to the one last produced: Each year's am^t was to itself written in as fair hands as himself & his son Terrell could write: the am^ts for each year were alternately wholy written in the handwri= =ting of the one as the other and was proved acordingly

The writing seemed from every appearance Vz^t the sameness of the ink &c and had the appearance of all being written at the same time and that very lately.

At this trial Mr. J. B Nearly ^denied the whole of my acc^t.

[crossed out] [crossed out] [crossed out] on this trial I proved by the oath of Mr. John Lam= bert that he was at Mr. J. Brooks during the day that Mr. B.. made oath that his key was lost and that he was sick, that he only early in the day [crossed out] complained of indisposition, the rest of the day he appeared well, chatted drank grog &c. and that Mr. J. Brooks (forgetting himself I suppose) some time about the middle of the day went to the Desk and letting down the leaf exclaimed "why the desk is not locked

I most solemnly declare the acc^t Mr. J. B has agst me exclusive of what I have credited him for is al= most entirely false - he has charged me with things bartered to me, he has charged me with whiskey the pro= =duct of my own grain sent to his still, he has charged me with thing paid down for in money, he has charged me with things I never had, and he has charged me with things (tho of but small am^t) which I had; without giving me credit for a single article: and finally he has overcharged me, with almost every article.

I can prove the payment of a small sum of money by a Mr. Christian [Milton?] of Surry County.

I think I can prove that it is the general opi= nion he does not keep correct Books.

I can prove he has enlarged his acc^t. since suit Brot.

I can prove by his own sons, if they will tell what they know, several specific articles, And

I can prove that at one time since suit has been bro't he was willing to allow the full of my acc^t if he could have his allowance.

If, Sir, under the foregoing circumstances you think his acc^t. can be set aside, or any considerable part of it, I woud wish to proceed in the suit, if you think otherwise, I had better, I think suffer a non= suit; however your counsel be it what it may will be cheerfully submitted to [?];

Sir, your very H. Serv^t. Abner Brooks

Your nonattendance at last court was the reason of my not being ready for trial [thus?] I will have my witnesses ready next court A.B.

Thos. Ruffin Esqr. Attorney at law at Pittsborough Chatham

Politeness of Jn^o. Siler Esqr

28

440 140 44 27 10 50 ----- 711

530 100 44 37 ----- 711

Mr_ Lightfoot_ will please deliver to Mr. Allen Parks The money (if collected) due from Jn^o Cook_ your receipt for the same will be handed to you by Mr. Parks_

Respectfully Wm Huntington

Feby 9th 1822

PS if not collected I hope the money will be made immediately