By — Witness’ Wifes Testy.,— Cd not say that <she said, that> was satisfied with the price at the rate of $2,50 pCent.— Cant say posy. that Complt. went to Island next day, Dont know when Complt. returned,— but was absent at time of 2nd. Trial, but at home when Property was returned— Dont know whether Complt. was noticed for 2nd Trial.— Did not hear all s Evidence on 1st. Trial.— Were addl. witnesses on both Sides at 2.nd Trial.— Dont know whether Complt was at Home in the meantime between the two Trials.—
D. S. Smith.— Sworn.— Complt pd. part price before he killed the ox.— wanted 22 <21> or 22 Dols for ox, & Complt sd he wd give $2,50 pCent..— agd. to take $2,50 pCent. Complt. pd. $10,00 at that time.— Wt was 699lbs.— price to be at that Rate, after Beef was killed.— Cd. not say whether Complt. was to have Hide & Tallow for Killing— took it tha[t] sided with , from his manner of repeatedly asking the same questions 6 times or more, over again.— gave same oppy. of answering, to both Parties.—
By — his evidence was same there, as here.—
Complt wished Witness to be particular in Weighing the ox
By .— of Course measured the Wt of Beef alon◊
By — he sd. sd. he wd. rather take $2,50 pCent., than to take less than $22 for the ox.— for he thought he wd come to that.—
Complt.)
Sworn)
—sd wanted $22 for the ox.— then wanted him to kill the ox for him.— Ox was Butchered.— he pd $10 at once & payts. of two or three Dolls at times.— refused Money, & sd Complt owed him $8.— Wilber took $2,31 as a Tender. Sd Cahoon saw ox 2 Mos before, & Evidence was that he was worth $22 for Work.—
Mrs. Grover <he> sd.she was present when Complt. bargd with a Man for an Ox at $2½ pCent., & that then talked of price being 2½, but bargain not concluded.—
he said gave Evidence that price was to be 2½ or to kill Ox for .—