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72

He said if they had played such a trick upon him he would not serve another precept[?] on the Aroostic and would not take the writ against Hooper He then told me I had no right to serve that precept and that I had served one previous against Barney McG[?] and took his Rum[?] and had no right to do so according to my commission and that he had been credably [credibly?] informed it was an old and unlawful precept beside. I told him it was a writ filled out by the Land Agent himself the 18 of July and signed by Stetson[?] the Clerk of the court, of the County of Penobscot and that according to my commission I had a right to serve it as the state was a party[?] and that it was a writ of [?] I also told him the writ I now had was a [?] writ in favor of the state Before we got to Fairbanks I again tendered him the writ he again refused to receive it [?] [?] it In[?] one[?] conversation previous he told me that Hooper was coming to Fairbanks and going out with him to Houlton

When we arived [arrived] at Mr Fairbanks, Mr Gouch[?] seemed to be hunting after the waggon [wagon]. I told him I wanted a word in private with him Packard says I am here and that what I had to say might be said in his presence. Previous to this Mr Packard had agreed to refer to Mr Gouch[?] whether or not I had power to serve this process[?], immediately after he told me he was his own judge and I would not refer to Mr Gouch[?]. In reply to the conversation of Mr Packard that he was [?] I told him that I presumed he would have nothing to do with [?] refering [referring?] to Mr Gouch[?]. I then asked Mr Gouch[?] if I had not a legal right as he understood the question to serve a legal process[?] when the state was a party[?]. Mr Packard said he did not intend to commission me to serve civil process[?] I told him that according to my commission I had a right were[?] the state was a party[?]. He said I had not and that that was not his intentioned and I replied that the commission read to that effect that I could do so. He said he would not allow me to attach[?] property without giving bonds

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73

Mr Gauch[?] said he concided with Mr Packard in that I could not serve the precept Mr Packard asked me when I came over I replyed [replied] last night and he said I presume you did come last night and some others with you, he was very inquisitive as to when I arrived here at Fairbanks & when I left the fort[?]

I told him exactly as I have before stated, He then said there was a man there who said I arived [arrived] there at 10 minutes past two for he heard me say so, I said it was false and refered [referred] to Mr G[?] & Mr Fairbanks, Mr [?] confirmed my statement but Mr Fairbanks would[?] not [?] what I did say Packard said he had been reprimanded by his friends in Houlton for appointing me. I replied that I understand that very[?] well[?] that I was[?] a Whig and in favor of the course[?] of the administrator of the state in the aroostook affairs and that he was a democrat[?] and[?] appeared[?] to it and them – He said he believed that I was [?] to the trick played upon him last night I asked him if he meant to say that I had any hand in it.

He replied that is[?] my opinion, during this conversation I again tendered him the writ told him what it was and that the letter in which it had just been received at the [?] was with it and his instructions from the Land Agent and he again refused utterly[?] to take it this was in presence of Mess[?] Gauch[?] Fox[?] &[?] [?] soon after this I left and soon after Mr Packard overtook me about[?] half a mile from Fairbanks he said he had made out a written[?] discharge[?] which he handed to me and I received

I now hereby[?] state and repeat that in pursuance[?] to my instructions I offered Mr Packard three several times the writ in my charge to give to him and that in each and every one of these said Packard utterly and entirely refused to receive & serve the writ – without any other reserve[?] [?], [?] by him than that his horse had been[?] observed[?] as[?] [?] stated