Page:Federal Reporter, 1st Series, Volume 6.djvu/31

 •fflLSOS V, WINTEB. 19 �ihere was the greater need on their part of having the writ- ingexplained to them before they signed it; and Iheycannot set up their own gross negligence in that behalf to defeat a written contraet, entered into with ail the solemnities and formalities of law. The defendant testifies before the exam- iner at great length as to what the terms of the contraet were as agreed upon between him and his agent, Mr. Campbell, as though it were possible to substitute that agreement in the place of the writing itself. �As to the third and last defence, I think the case made by the defendants is quite as detective and unsatisfactory. �The bond and mortgage are dated on July the 8th, which fell on Monday. The acknowledgement before J. E. Button, the justice, also bears date on that day. Button testifies that he took the acknowledgment of both the bond and mortgage on that day, in his office at Augusta ; that the defendants were both present in his office at the time. He says : "I was sitting at my table where I do my business, and Mr. Win- ter and his wife came in, and one of his sons, (I could not say which one it was; I was busy writing, I think, at the time,) and wanted I should take the acknowledgment of some pa- pers. They sat down, and I took the acknowledgment. I inquired of them if they signed these papers of their free will and accord. They did not appear to understand,^— kind of looked around, — and their son spoke to them and told them what I said, and they turned to me, both of them, and said • Yes.' Mr. Schroeder was present. He came in at some time which I cannot testify to. Mr. Winter and this son brought the papers there. CampbeU I don't think was present. They took the papers away. It was somewhere along in the morn- ing — from 8 to 10 o'clock. I could not say exactly. That is the correct date of acknowledgment." �William Schroeder testifies circumstantially to being pres- ent about that time when defendants came into Button's office and acknowledged some papers, but he does not know what papers, nor the exact time ; but from the circumstances he testifies to it was evidently the same occasion testified to by "^•itton. The defendants deny, under oath, going before Justice ��� �