San Jacinto Octr. 5th 1826

Coln. Austin,

Some time since I received a Summons in a cause between Thomas Earle, and N. Lynch, from the hands of a Boy as a witness, and being on the Eve of going to the U. S. I applied to the parties and informed them that on this day I would give my Testimony of what I knew respecting of what I knew in this suit.—The Alcalda did not appear according to appointment—This places me out of the chance of sending my deposition or appearing, without considerable damage to myself.—I therefore transmit to you all I know which I do not consider of importance in no way—Before Lynch started to N. Orleans I handed him a one hundred note with a Bill of articles that I wished him to bring me from that place he told that he did not know whether he could carry the vessell (The Augusta) into Orleans or not as there was a debt against her there, but said, that he would leave the vessell and go to Orleans, and if, the debt stood there against her, he would endeavor to get some craft to bring such articles to the schooner; and not go with the vessell into that port, on this conversation he took the note and bill, and observed to me, if the vessell should unavoidably be seised in the U. S. (which he would not allow if it was possible to avoid) if he might make use of a part of this money to endeavor to get her or some other vessell to return to this bay, I told him that he might—This is all I know I am willing to be Qualified to this statement and should have been if the alcalda had appeared—N Lynch has paid me the ballance on his return over the articles I sent for—

J. L. Philips