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not Subpoenaed to attend this Court on account of his absence from the Territory, and on account of Defendants not being apprised of the materiality of his testimony until this morning. That said witness is absent without the consent of the Defendant or the prisoner as Defendant believes directly or indirectly given. That his testimony could not be taken by written deposition the above being a criminal case, that the testimony is material, that the applicant expects to procure said testimony by the next term, that this application is not made for delay and that expects to prove by said witness that he has been acquainted with Martin Hollis one of the material witnesses in this case against the prisoner for one year and upwards and that from his knowledge of said Hollis's general character for veracity and truth he the said witness would not believe him the said Hollis on oath