﻿70 
  History 
  of 
  Durham. 
  

  

  of 
  his 
  using 
  the 
  word 
  Durham, 
  although 
  testifj'ing 
  in 
  his 
  

   (Mr. 
  Wright's) 
  interest. 
  

  

  It 
  will 
  be 
  seen 
  that 
  he 
  mentions 
  a 
  party 
  by 
  the 
  name 
  of 
  

   Cheek, 
  who 
  also 
  had 
  a 
  transaction 
  with 
  Mr. 
  Wright. 
  

  

  Mr. 
  Cheek 
  says 
  in 
  substance 
  that 
  he 
  purchased 
  five 
  hun- 
  

   dred 
  and 
  seventy 
  pounds 
  of 
  smoking 
  tobacco 
  of 
  Mr. 
  Wright 
  

   which 
  was 
  not 
  marked 
  or 
  branded, 
  and 
  which 
  was 
  the 
  en- 
  

   tire 
  stock 
  Mr. 
  Wright 
  had 
  on 
  hand 
  when 
  he 
  left 
  the 
  coun- 
  

   try. 
  (p. 
  120.) 
  

  

  John 
  Barbee, 
  the 
  owner 
  of 
  the 
  farm 
  where 
  Mr. 
  Wright 
  

   did 
  business, 
  testifies 
  as 
  follows 
  : 
  

  

  " 
  I 
  know 
  Wesley 
  A. 
  Wright 
  ; 
  he 
  put 
  up 
  tobacco 
  at 
  this 
  

   place; 
  he 
  moved 
  from 
  here 
  and 
  put 
  up 
  tobacco 
  on 
  my 
  farm 
  

   there. 
  * 
  * 
  j 
  j^^ow 
  he 
  manufactured 
  smoking 
  tobacco, 
  

   and 
  continued 
  to 
  manufacture 
  plug 
  and 
  smoking 
  tobacco; 
  

   this 
  tobacco 
  was 
  baled 
  up. 
  I 
  do 
  not 
  know 
  that 
  he 
  used 
  any- 
  

   thing 
  but 
  a 
  great 
  long 
  bean 
  ; 
  it 
  had 
  a 
  good 
  smell. 
  I 
  don't 
  

   think 
  he 
  branded 
  or 
  marked 
  much 
  of 
  it 
  no 
  how. 
  I 
  hauled 
  

   a 
  load 
  of 
  Mr. 
  Wright's 
  tobacco 
  to 
  Raleigh, 
  some 
  in 
  little 
  

   bags 
  and 
  some 
  in 
  large 
  bags; 
  some 
  in 
  the 
  little 
  bags 
  were 
  

   marked, 
  and 
  think 
  it 
  was 
  marked 
  ' 
  Wright's 
  Best 
  Spanish 
  

   Flavored 
  Smoking 
  Tobacco; 
  ' 
  this 
  was 
  marked 
  on 
  the 
  bags 
  

   with 
  a 
  little 
  paint 
  brush." 
  (pp. 
  127, 
  128.) 
  

  

  Mr. 
  Barbee's 
  homely 
  expression, 
  " 
  I 
  don't 
  think 
  he 
  branded 
  

   or 
  marked 
  much 
  of 
  it 
  no 
  how," 
  tells 
  the 
  whole 
  story. 
  Clearly 
  

   this 
  witness 
  ought 
  to 
  know, 
  if 
  any 
  one. 
  

  

  The 
  evidence 
  submitted 
  in 
  rebuttal, 
  although 
  necessarily 
  

   imperfect, 
  is 
  more 
  than 
  sufficient 
  to 
  overcome 
  that 
  presented 
  

   by 
  applicant. 
  We 
  insist 
  that 
  the 
  fact 
  that 
  Mr. 
  Wright 
  de- 
  

   clines 
  to 
  make 
  oath 
  to 
  a 
  statement 
  upon 
  which 
  he 
  is 
  forced 
  

   to 
  rely 
  must 
  be 
  held 
  to 
  be 
  sufficient 
  evidence 
  that 
  he 
  could 
  

   not 
  swear 
  to 
  it. 
  And, 
  if 
  he 
  could 
  not 
  fail 
  to 
  know 
  of 
  the 
  

   alleged 
  fact, 
  had 
  it 
  been 
  true, 
  not 
  to 
  swear 
  to 
  it 
  is 
  tantamount 
  

   to 
  admitting 
  the 
  contrary. 
  But 
  he 
  has 
  substantially 
  sworn 
  

   that 
  he 
  used 
  no 
  brand 
  at 
  all 
  ; 
  and 
  whatever 
  may 
  be 
  shown 
  

   in 
  another 
  direction, 
  there 
  is 
  nothing 
  except 
  the 
  young 
  

   Wright, 
  who, 
  we 
  submit, 
  is 
  not 
  a 
  reliable 
  witness, 
  to 
  show 
  a 
  

   use 
  of 
  the 
  word 
  Durham. 
  

  

  Here, 
  too, 
  we 
  insist 
  the 
  evidence 
  preponderates 
  in 
  respon- 
  

   dent's 
  favor. 
  Upon 
  any 
  fair 
  hypothesis 
  it 
  must 
  be 
  held 
  that 
  

   Mr. 
  Wright 
  has 
  failed. 
  Not 
  a 
  witness 
  to 
  whom 
  he 
  sold, 
  not 
  

   a 
  person 
  with 
  whom 
  he 
  did 
  business, 
  not 
  one 
  of 
  his 
  neigh- 
  

   bors, 
  not 
  his 
  landlord, 
  in 
  whose 
  house 
  he 
  lived, 
  ever 
  saw 
  the 
  

  

  