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The State of Ala
vs Jesse Niven
In this case. personally
came Jesse Niven to me
well known & makes
oath in due form of law, that in the
above Sstated case the Defendant Jesse
Niven who was Indicted for an assault
and battery on a Negro the property of
Wm G Bawdan that the time the defendant was
called he was not in court that he was in
no default that he lives 4 miles from the court
House that he used all the dilegence he could
to get here and that he never authoryed W G
Bawdan to put in the plea of guilty for him
that if Bawdan So under Stood him he was
mistaken that he,d councel employed and he
is informed that his councel object to
the plea that the Bawdan assured his
council that he was authuryed to put
in the plea of guilty, and that If he ever
authoryed Bawdan to put in his plea he
is not concern of the fact there was
a conversation between him & Bawdan
but he now fully concent on his part that at the suggestion
of Bawdan he said he would come court and If he could off fur
get the thing fixed to [?] how he would rather keep a small
few than [?] be [tracible?] that he has
a good defence as he believes--and is [?]
and he further States that great injustice
has been done him in the premises and that
it is not guilty as he is informed and believes
and he now, asks your honor for a fair
hearing. and submits the above affidant
for a new trial in his case.
sworn to and subscribed
before me this the
18^th day of September 1836