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that he did not want his affidavit. However wished to obtain Col Erwins affidavit, and pressed him to give it to me. he replied that he was willing, but did not like to give evidence Exparte? and would rather that the Gov. and myself would both attend. This course being rendered unclear by the Gov, refusal and the Colonel state appearing reluctant, I then observed to him, that I should have no objection to his going to Augusta if he would make it there, and send it to me, and neither of us, (the Gov. or myself) would be present. This be agreed to, and did go before a Magistrate and made his affidavit, and sent it to me. In the mean time I received your order to notify the Gov. of the time and place of taking testimony, and immediately wrote to Col Erwin, and stated to him the fact, gave the Governor notice of my intention to take Colonel Erwins testimony, on that I had appointed Rich'd H. Wilde Esq. my agent for that particular purpose. on my letter reaching Augusta, Col Erwin had left that place, and I was again disappointed, but, on hearing of his return, I again notified the Gov. and at the same time stated the cause of the failure under the first notice. On this second day it appears, that the Gov. has appointed Gel. Glasscock his agent, who attended, and the examination was continued from day to day for the convenience of all partied, until completed. Where there is the cause of complaint in this Case? if the