wife, he being absent on duty at Goliad - that he tasted of some of the Tobacco taken from the broken box, and believes it of the same quality as that recently taken by order of Captain Dimitt from the house of Thomas G Weslern of this Town; and he furthermore says that he believes the Tobacco so taken, is of the same Tobacco as that which he seized in behalf of the public, as above stated, and furthermore, that, there was no other Tobacco of the same, or similar quality in the Mission of Refugio at the time this lot was brought up to Goliad - not indeed, was there any such when this tobacco was seized by him. In testimony thereof he signed John Dunn Peter Hynes being sworn states - that, on or about the 13th. inst., he was applied to by Hugh McDonald Frasier, then a Volunteer in Captain Dimitt's Company, to haul some tobacco from the Mission aforesaid to Goliad, for the use of the Volunteers, and particularly for that of the Volunteer Greys from New Orleans, who as Frasier informed him, were to take up the line of march the following-day, at 7 A. M. for Bexar - that Frasier informed him, 'Hynes) that, he (Frasier) was authorised to press carts and oxen to haul - In virtue of which authority he (Hynes) procured oxen, and Frasier procured 3 cart to haul tobacco to Goliad. That, Frasier and one Burke than ook two boxes of manufactured tobacco from the house of Mrs /estover, and put them in the cart, and Frasier directed him, _Hynes) to drive the cart containing the tobacco and part of a barrel of whisk~y, to Goliad - that on his, (Hynes') arrival at this place with· the tobacco, Frasier was at Thomas G. Western's and instructed him, (Hynes) to leave the tobacco at Western's Store and that Western insisted on his (Hynes') receiving pay for hauling and tendered him four dollars, which he (Hynes) received, although he informed Western, t~at, as he was hauling for the public he neither charged nor expected pay, and furthermore, that, the said Frasier assisted in unloading the tobacco, and in depositing it in the aforesaid store of Thomas G. Western, aided in the work by John James - and that one Bennett, who appeared to be doing business for Western, opened one of the boxes in his, (Hynes') presence, took out a few plugs, and put it on the shelf of his employer's Store. In testimony whereof he signs Witness Peter Hynes Martin Lawler being sworn states - that, some two or three weeks before the taking of Goliad by the Americans, Hugh
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