District of Victoria May 22d 1826
Benjamin Fowler came to me and made the following statement;
That Isaac Hughs had been indebted to him three cow and calves
and thirty two dollars on an account; that this amount had been
due something like fifteen months and that the said Hughs had
offered him three cows and calves third rate cattle, in place of the
same number of first rate cows and calves which the note caled for,
and he the said Fowler further stated that he refused to receive them
unless the said Hughs—would pay him the difference between these
cattle and first rate cattle which the said Hughs refused to do, and
the—said Fowler further stated that he offered the said Hughs the
privilege of choseing—two men himself to say what diference there
was between these cattle and first rate cattle and abide by their
judgement which—proposition the said Hughs refused to comply
with. Fowler further says that the said Hughs told him that he was
about to leave the country and should not pay him unless he was
compeled to do so or words to that effect.
On the above statement of Fowler, I issued a forthwith summons
for Isaac Hughs which summons he refused to obey—I did not
conceive it a proper way of doing business to give judgement on a
forthwith unless the defendant was present. There was no
judgment entered nor any attachment issued nor any thing of the kind
As to the cattle above mentioned which you order me to vallue
Mr. Hughs sold them to Mr. Bailey about the time the above
transaction took place for thirteen dollars in trade I understood a head
As the cattle alluded to in Mr. Hughs petition were sold by him
I did not vallue them as you ordered me, as I supposed it was not
necessary
As to the judgement and attachment alluded to in Mr. Hughs'
petition I do assure you there is no such thing the business—ended
when the summons was returned without being obeyed
I do certify this to be a true statement of proceedings had before
me in the above case
William Harris Alcalde
To Stephen F. Austin Judge