This should be the attempt to intimidate me, but I hardly think it was a serious attempt to frighten me for a moment! Proceedings were continued after my departure; judgement was signed against me and not another step was taken, not even for the costs of the opposite side, neither against my property, nor yet against my person. Nor to this day, have I been bothered.
This could hardly have been out of consideration either towards my person or towards my property. The late proceedings render such an idea untenable, and the more so when I mention that although I gave notice of appeal, execution was applied for and obtained the day after Mr. Whyte had decided against me, and a precept was signed before the taxation had been made, and the bills were paid without taxation.
A further move I should mention, the only evidence adduced by Mr. Kingsmill was a letter which I addressed to him in December 1863 in reply to the message sent me, through the Bishop's, that I should win if I proceeded. The purport of this letter was to ask him on what terms he would take upon himself the responsibility of Kemptuer's claim. I submit this was evidence in my favor. Mr. Kingsmill alleged that I absolutely absconded under dread of a writ of Capias. I make no doubt it was arranged that a writ of Capias should be issued against me.
Mr. Whyte did not receive this letter nor did he make a note of it. Mr. Kingsmill's letter was in the care of Kemptuer.
##
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