TIIE AUSTIN PAPERS. 1457 Humbly sheweth, that in a decision. (filed in your office) had before l\f. B. Nuckols Esq Alcalde of the D. S. F. de Austin wherein C. G. Alsbury was pltff and your petitioner deft your petitioner is of opinion, that very great Injustice has been done him and there- fore prays relief from your honor. It will appear that the Jndgt render'd in the Case aforsaid by the Alcalde is for Seventy Three Dollars and fifty Cents, in Land or Cattle. Now your Honor will perceive that by a true statement of nccotJi between Alsbury and your petitioner a considerable amot see statement No 1 hereto annexed which he unjustly detains to the great damage and loss of your petitioner, and when your peti- tioner agreed to let the said Alsbury have two Cows and Calves from Capt Christman, it was for the express purpose of paying for a Bay l\fare which your petitioner had contracted for with Mr. I-Iollyman, and the said Alsbury. wrote a Letter to your peti- tioner stating that the reason he did not get the mare was that she had a young Colt and supposed she would not suit whereas your petitioner saw Mr Hollyman after receiving Alsburys Letter and Mr H said that it was not true the mare had not a Colt, nor had Mr A said anything to him about the mare from which cir- cumstances with others your petitioner is apprehensive that said Alsbury is endeavouring to defraud him, for as late as the 7 th clay of the present month, the said Alsbury told your petitioner that he had Cattle intended for your petitioner in the hands of 'Nm. Robins, but your petitioner now doubting the truth of this asser• tion made it his business to see Mr Robins who said that there was no contract between him and Alsbury nor any prospect of one, and that he had no Cattle to deliver to said Alsbury, or his order, this circumstance again excited strong suspicions in the mind o:f your petitioner, that the said Alsbury intended a fraud-Your petitioner wishes not to withhold any thing that is due from him to another, and prays that you will set nside the Judgt-aforcsaid, which he doubts not you will at once see to be Erroneous; and will direct such proceedings as that Justice may be done to both parties -and that your petitioner may be secured in his just Rights. .And in duty bound, will ever pray (Signed) N. CLOPPER [Rubric] I do hereby Certify that C. G. Alsbury Received from me an ordr to Esqr Harris for four Cows and Calves two of which was on acco' of N. Clopper and two, on acct of J. C. Ludlow in Testimony whereof I have herewith set my hand Septr 1826 (Signed) HORATIO CmuESMAN [Rubric]
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