Books Affidavit in P. Weyrich & Co. v. Allsup & Allsup, [Law papers].
State of Illinois
Tazewell County SS
Thomas Alsap, one of the defendants in a certain action pending in the circuit court of the county aforesaid wherein William Alsap is his codefendant, and Peter Weyhuch and Conrad Clowser an plaintiffs, being first duly sworn, state on oath that he can not safely go to trial at the present term, because of the absence of James Jones, & who are material witnesses for him that he expects to prove by said Jones, that the note said on in this case, was given in part consideration of the building of a certain sawmill, by the contract in relation to which, the page of said note notes warranted said mill to saw their thousand feet per day; that at the time said note was given, the capacity of said mill to saw as aforesaid, had not been proved; and that payee of said note then expressly provided, that he would return and make said mill saw said their thousand feet per day; that he did not return, and that said mill, could not, as he left it, he made to same so much as two thousand feet per day; that said witness has left the neighborhood, and affiant has not been able to find out his whereabouts, since the service of process herein; and that affiant knows no other witness by whom he can prove the same fact so fully—
Affiant further state that he does not remember the name of the witness whom name is left in blank above; but that he is a manufacturer of circular saw mills in S Town in the state of Missouri; that he expects to prove by him that the circular saw put into said mill by the payee of the said note, is not a good one, and