8. July.

Since writing the above Mr Peyton has returned—But a motion for continuance will be pressed, we are informed, on the part of the defendants—Mr Meriwether2 has furnished an affidavit for a continuance, stating that the evidence of Colo Nicholas, and a Mr Poor of Nelson is material to the defence, and that they cannot go safely to trial without it—& that efforts have been made to procure that evidence, which have failed on account of the bad health of Poor and the distant residence of Colo Nicholas—The chancellor opened court today pro forma, to prevent a discontinuance of the term, and continue the recess again till monday—

At our request Mr Sheffey submitted this motion for a continuance—The chancellor was not satisfied3 with the affidavit, and requires it to be made more special—shewing the nature of the evidence that is expected, and the character of the efforts that have been made to take it, and of the causes, which have prevented, it—

Before the cause is called, an attempt will be made I expect to supply these defects and the continuance will be pressed—We shall resist it, if consistently with the rules of the court, we can do so—