﻿68 
  HisTOKY 
  OF 
  Durham. 
  

  

  The 
  same 
  witness, 
  on 
  cross-examination, 
  (p. 
  234,) 
  deposes 
  

   as 
  follows: 
  

  

  " 
  Q. 
  Did 
  he, 
  or 
  did 
  he 
  not, 
  whilst 
  at 
  the 
  place 
  near 
  Dur- 
  

   ham, 
  put 
  up 
  tobacco 
  for 
  his 
  neiglibors, 
  and 
  did 
  tliey 
  not 
  re- 
  

   ceive 
  it 
  from 
  him, 
  either 
  loose 
  or 
  in 
  barrels, 
  boxes, 
  or 
  bags, 
  

   which 
  they 
  sent 
  for 
  the 
  purpose 
  of 
  taking 
  the 
  tobacco 
  away, 
  

   and 
  did 
  or 
  did 
  not 
  other 
  boxes, 
  barrels, 
  or 
  bags 
  go 
  from 
  the 
  

   factory 
  without 
  any 
  mark 
  on 
  it? 
  

  

  A. 
  While 
  near 
  Durham 
  he 
  put 
  it 
  up 
  for 
  himself 
  and 
  sold 
  

   it, 
  and 
  in 
  whatever 
  he 
  put 
  it 
  up 
  in, 
  he 
  marked 
  it 
  Durham 
  

   Smoking 
  Tobacco, 
  and 
  directed 
  it 
  to 
  Vvdioever 
  it 
  was 
  to 
  go 
  

   to; 
  there 
  wan't 
  any 
  bags 
  at 
  all. 
  That 
  was 
  the 
  only 
  mark 
  I 
  

   recollect 
  its 
  having 
  on 
  it. 
  

  

  Q. 
  Did 
  he 
  not 
  sell 
  some 
  of 
  this 
  tobacco 
  loose 
  or 
  in 
  bulk? 
  

  

  A. 
  Xot 
  that 
  I 
  know 
  of; 
  I 
  think 
  it 
  was 
  all 
  boxed 
  up 
  or 
  

   barrelled 
  up 
  that 
  he 
  sent 
  from 
  the 
  factory." 
  

  

  It 
  vv'ill 
  be 
  observed 
  that 
  this 
  witness 
  fiatlv 
  contradicts 
  his 
  

   father, 
  (p. 
  237 
  ;) 
  Mr. 
  Cheek, 
  (p. 
  120 
  ;) 
  Mr: 
  Geer, 
  (p. 
  142 
  ;) 
  

   and 
  others, 
  who 
  depose 
  that 
  Mr. 
  W. 
  A. 
  Wright 
  put 
  up 
  to- 
  

   bacco 
  for 
  his 
  neighbors; 
  that 
  all 
  the 
  tobacco 
  made 
  at 
  Bar- 
  

   bee's 
  v.-as 
  not 
  branded 
  ; 
  and 
  that 
  a 
  considerable 
  part 
  of 
  it 
  

   was 
  sold 
  in 
  bulk. 
  This 
  same 
  witness 
  makes 
  other 
  state- 
  

   ments 
  that 
  are 
  equally 
  conclusive 
  of 
  his 
  unreliability. 
  He 
  

   saj's 
  his 
  father 
  " 
  never 
  told 
  any 
  one" 
  of 
  his 
  pretended 
  secret 
  ; 
  

   that 
  the 
  brand 
  of 
  Morris 
  and 
  Wright 
  was 
  applied 
  to 
  all 
  the 
  

   tobacco 
  put 
  up 
  in 
  packages 
  at 
  Durham; 
  that 
  Robt. 
  Morris 
  

   was 
  in 
  partnership 
  with 
  his 
  father, 
  at 
  Durham, 
  whereas 
  it 
  

   was 
  Thomas 
  B. 
  Morris. 
  

  

  Again, 
  he 
  says 
  positively 
  there 
  " 
  wan't 
  any 
  bags 
  at 
  all 
  ; 
  " 
  

   whereas 
  Barbee 
  says 
  he 
  hauled 
  a 
  load 
  of 
  the 
  tobacco 
  to 
  

   Raleigh 
  put 
  up 
  in 
  bags. 
  (pp. 
  127, 
  128.) 
  

  

  It 
  is 
  clear 
  that 
  the 
  interest 
  of 
  this 
  witness 
  is 
  so 
  great 
  that 
  

   his 
  discretion 
  is 
  overbalanced, 
  and 
  he 
  goes 
  so 
  far 
  that 
  he 
  can- 
  

   not 
  be 
  believed. 
  He 
  is 
  not 
  only 
  too 
  ready 
  and 
  v/illing 
  to 
  

   swear 
  to 
  vvdiat 
  he 
  could 
  by 
  no 
  possibility 
  know, 
  but 
  he 
  con- 
  

   tradicts 
  facts 
  that 
  are 
  established 
  and 
  admitted 
  to 
  be 
  beyond 
  

   doubt. 
  

  

  One 
  other 
  witness 
  only 
  is 
  offered 
  by 
  the 
  applicant 
  to 
  prove 
  

   the 
  use 
  by 
  Mr. 
  Wright 
  at 
  Barbee's 
  who 
  swears 
  that 
  he 
  first 
  

   knew 
  Durham 
  Smoking 
  tobacco 
  in 
  the 
  fall 
  of 
  1862, 
  and 
  

   that 
  he 
  bought 
  a 
  lot 
  of 
  W. 
  A. 
  Wright. 
  Now, 
  as 
  Mr. 
  Wright 
  

   was 
  in 
  the 
  army 
  in 
  the 
  fall 
  of 
  1862, 
  this 
  witness' 
  deposition 
  

   does 
  not 
  materially 
  help 
  the 
  applicant's 
  case. 
  It 
  is, 
  of 
  course, 
  

  

  