Josiah SpaldingJosiah Spalding being duly
sworn on his oath Saith that SpaldingSpalding &
TiffanyTiffany were the only attorneys of defendant
in this case; that nothing was ever said or
instructed to him or to SpaldingSpalding & TiffanyTiffany
to his knowledge or belief respecting a bll
of exceptions, until some time after the
21st July 1844 but during that month when this deponent heard
that the plaintiff's attorney had said to
P.D. Tiffany his partner (deponent being absent
at JeffersonJefferson City CityJefferson City) that he was about to make out a bill of exceptions. Deponent had they then
that, the case had finally terminated.
Deponent returned to St. LouisSt Louis, & attended the
Circuit CourtCircuit Court aforesaid from 2nd. September 1844 till the present day & never gave
any consent to or Bill of exception nor did deponent ever hear
of the matter in his opinion, till on
or about the 4th October instant, when
the Judge of this Court handed to this
deponent, a draft of a Bill of exceptions
in this case: This deponent then

& frequently & at all times, objected to
the Court the lapse of time & moved
the Court not to sign the same on
that account, but the Court overruled
the objection & signed the same
Bill after it has been by
him, & also by plaintiff's attorney.
And this deponent says he notified the
plaintiffs attorney, immediately after the
said Bill of exceptions was presented to
the Judge, of his objection to the same
But from the lapse of time, the Judge had no right to sign it.