WRITINGS OF 5AM HOUSTON, 1859
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contrivance, before any of the defendants of their counsel could be present to protect their rights in the trial at New Orleans. Under any circumstances, the only proper course would have been to attach the power of attorney, which was referred to in the deposition of Hewitson, and made a part of it. But this is not done; it is found that, after the lapse of a year from the filing of the deposition, when the trial of the case comes on, it has not even been filed. It was used in evidence against Spencer, and still not filed; but a copy appears to have been substituted for it. Let me for a moment regard the scene in court, in which Robert Hughes, who had constituted himself the exclusive cus- todian of this paper, comes forward to sustain it by his testi- mony as a witness. Here is the representative of Judge Watrous, by his own evidence, establishing the genuineness of the paper, as that which Hewitson had sworn to, and which, since that time, had been in the possession of said Hughes. He produces the paper from his pocket, without any indorsement, without any file mark, and identifies it. Thus it appears that the defendants in the Lapsley cases were deprived of opportunity to protect their rights against this forged document, except upon its presentation in court. Judgment had been rendered in the case of Lapsley against Spencer on the 30th May, 1856, and six days thereafter, the following entry is found in one of the Lapsley cases remaining over, showing the anxiety of the parties for an opportunity to sustain their plea of forgery, and evidencing the .persistent attempts of Hughes to deny them such opportunity. I read, from page 649, testimony in the Watrous investigation: "Minutes, April term, 1856 New Orleans, Friday, June 6, 1826. John W. Lapsley } vs. . No. 2458 D. R. Mitchell, Warren, and James Dunn. The defendants, by their counsel, this day suggested to the court that heretofore, to wit: on or about the 25th day of February, 1855, the plaintiff herein took the deposition, de bene esse, of one James Hewitson, to prove execution of a certain power of attorney pur- porting to have been executed by Tomas Vega before Juan Gonzales, regidor of Leona Vicario, with Jose Nazas Ortez and J. M. McMoral as assisting witnesses,
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