his possession. This is an insult to common sense.
Talbott has sworn once and repeated time and again, that he got it out
of Adams's possession and returned it into the same possession. Still,
as though he was addressing fools, he has assurance to ask if any person
ever saw it in his possession.
Next I quote a sentence, "Now my son Lucian swears that when Talbott
called for the deed, that he, Talbott, opened it and pointed out the
error." True. His son Lucian did swear as he says; and in doing so, he
swore what I will prove by his own affidavit to be a falsehood. Turn to
Lucian's affidavit, and you will there see that Talbott called for the
deed by which to correct an error on the record. Thus it appears that
the error in question was on the record, and not in the deed. How then
could Talbott open the deed and point out the error? Where a thing is
not, it cannot be pointed out. The error was not in the deed, and of
course could not be pointed out there. This does not merely prove that
the error could not be pointed out, as Lucian swore it was; but it
proves, too, that the deed was not opened in his presence with a special
view to the error, for if it had been, he could not have failed to see
that there was no error in it. It is easy enough to see why Lucian swore
this. His object was to prove that the assignment was not in the deed
when Talbott got it: but it was discovered he could not swear this
safely, without first swearing the deed was opened--and if he swore it
was opened, he must show a motive for opening it, and the conclusion
with him and his father was that the pointing out the error would appear
the most plausible.
For the purpose of showing that the assignment was not in the bundle
when Talbott got it, is the story introduced into Lucian's affidavit
that the deeds were counted. It is a remarkable fact, and one that
should stand as a warning to all liars and fabricators, that in this
short affidavit of Lucian's he only attempted to depart from the truth,
so far as I have the means of knowing, in two points, to wit, in the
opening the deed and pointing out the error and the counting of the
deeds,--and in both of these he caught himself. About the counting, he
caught himself thus--after saying the bundle contained five deeds and
a lease, he proceeds, "and I saw no other papers than the said deed and
lease." First he has six papers, and then he saw none but two; for "my
son Lucian's" benefit, let a pin be st
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