Page:The Judicial Capacity of the General Convention Exemplified.djvu/23

Rh 3d, 1848, and marked A. [p. 19], purporting to give an account of a conversation between the Rev. Thomas Wilks and deponent, in presence of Mr. Samuel L. .Waldo, is a correct and true account of said conversation in every particular; that said account was written out by this deponent a short time after said interview (the same day, as this deponent believes.)

This deponent further says, that a letter marked B. [p. 11], dated New York, June 23d, 1848, and (on outside) addressed "Mr. B. F. Barrett, Cincinnati, Ohio," is the original letter from which deponent copied the copy of the letter referred to, as being the letter read to Mr. Wilks by deponent on the day of the interview with Mr. Wilks in presence of Mr. Waldo; and the account given in said original letter, of the conversation with Mr. Wilks on board the steamboat, is true; that said letter was written to Mr. Barrett by this deponent, and that the copy of the same which was read to Mr. Wilks was copied by this deponent, and that this deponent believes that said copy was correct and true, word for word, and deponent is sure that it was correct in every material particular.

And deponent further says that he had no feelings for or against either Mr. Barrett or Mr. Wilks in regard to the matters in controversy.

And the testimony of Mr. Miller, here given in the most solemn form, is confirmed by that of Mr. Waldo, who was present and heard Mr. Wilks acknowledge the correctness of Mr. Miller’s written and twice read report of the statement on board the steamboat, and who certifies as follows:—

I hereby certify and declare that the annexed statement [No. V] referred to in the above affidavit of Mr. Thomas S. Miller, is in all points correct, according to the best of my knowledge and recollection. And I will further add, that I am well satisfied, that, in all Mr. Miller did in relation to this unpleasant affair, he was actuated by a deep sense of duty, and not by any unkind feeling towards Mr. Wilks.

, May 27th, 1856.

Now, if Mr. Miller’s testimony in this case is to be relied on, then it is certain that Mr. Wilks is justly chargeable with having uttered a bass calumny, and one of more than ordinary cruelty, when all the