him that he had concluded not to go that night; but that both he and I would both wait upon the Justice and in the Morning. That night I lay awake, with my pistols under my pillow, waiting for any emergency. Nothing more occurred during the night. In the morning we arose early, and after breakfast sought an interview with the , and were told that we could have an audience at, I think, 10 O’clock. In the meantime we called upon Mr. [Robert F.] Smith a Justice of the Peace, who had in charge. We represented that we had been called upon the night before by two different parties to go bail for <a> Mr. , who we were informed he had in custody, and that believing to be an honest man, we had come now for that purpose and were prepared to enter into recognizances for his appearance. Whereupon Mr. Smith, the Magistrate remarked; “that under the present excited state of affairs he did not think he would, be justified in receiving bail from , as it was a matter of doubt whether property would not be rendered valueless there in a few days.
Knowing the party we had to do with, we were not much surprised at this singular proceeding; we then remarked that both of us possessed property in Farms, out of in the , and referred him to the County records. He then stated that such was the nature of the charge against , that he believed he would not be justified in receiving any bail. We were thus con [p. 20]