Frasier as above stated, & that Western paid said Hynes four dollars for the transportation of the tobacco from Refugio to Goliad. In testimony whereof he signs Caleb Bennet Ordered by the Court, that, inasmuch as Mr Caleb Bennet says he is the agent of Thomas G. Western, who is now absent: and that he wishes lo enter a protest in behalf of his principal, leave be granted him to do so, and that the Secretary be instructed to enter the same on these proceedings, Protest of Caleb Bennet. for and in behalf of Thomas G. Western I solemly protest against the proceding of a Court of inquirey appointed by Phillip Dimmet Respecting Two Boxes of Manufactured Tobacco Claimed by him as publick property and taken by his order from the Store of Said Western on the 17th or 18th of NoVJTI. 1835 and to all other procedings respecting the Same under his order Goliad November 27th. 1835 Caleb Bennet To Captain P. Dimmit, commanding the Fort & Town of Goliad. The undersigned, Volunteer, Citizen Soldiers of the Army of Texas, and belonging to the company now in possession of this r'ort and Town, having been convened in pursuance of your order of the 27th. inst. as a Court of enquiry, to investigate and report the facts, together with our opinion thereon, relative to the right of possession, ownership, &c. of a certain lot of manufactured tobacco therein named; have bestowed on the subject submitted to them their best attention. We herewith submit, as instructed, all the evidence taken by us, owing to the absence of a few material witnesses, some facts connected with the matter refered, and believed to be important, are necessarily deferred. As to those embraced in the foregoing testimonies, they speak their own importance. To us, the testimony appears conclusive. It proves to our satisfaction, that, the tobaco in question, was seized by Civil authority in behalf of the public: that, while it was in this situation, and in charge of depositary, is was taken, removed lo Golid, and very improperly sold by Frasier to Western. As to the conduct of Frasier, it requires no comment. The evidence anticipates, and supersedes the necessity of any remark whatever. As to the taking & removal of the tobacco from the store of Western, within the walls of the Fort, in pursuance of your
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