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sometime in the summer of A. D. 1848, that Greene's Analysis was in preparation, and advised me to procure it when published.
And I do further certify that the preceding deposition was reduced to writing by me, and signed by the said Henry Williams, in my presence, and that I am not of counsel or attorney for either of the parties to the said suit, nor am I interested in the event thereof.
J. BRUMAN SWEITZER,
U. S. Commissioner.
Henry Williams sworn. To the interrogatory annexed to the commission, hereto attached, and which is as follows:
In your deposition heretofore taken in the above entitled suit, you said that the analyses of sentences, their division and nomenclature, as set forth in “Greene's analysis, and in Greene's first Lessons," were not original with Mr. Greene, but that the same were known and used by other authors, previous to the publication of Mr. Greene's books, and that these points are old and common learning. Now will you please to state particularly in the works of what other authors, are these stated as Mr. Greene has stated them ?
Mention the titles of all these works, and when you have done so, state expressly that you
have mentioned all you know of. State the volumes, the pages, and the paragraphs where these points are to be found, by their numbers, and give the number of the edition you cite from and its date. And state particularly, whether the works you refer to, the words and phrases which Mr. Greene has used in his books to express the system of analysis therein set forth, and the various divisions of sentences, and the relations of the various component parts of sentences to each other are used with precisely the same meaning as Mr. Green used them.
He answers. The authors are Battie's Moral Science, published in 1813, in Baltimore, 35th page, sections 66 and 67. Andrews' and Stoddard's Latin Grammar, published in Boston, 1838, 4th edition, pages 160 to 164, inclusive. Kreb's guide for writing latin, published in 1843, Andover pages 4th and 5th. Becker's German Grammar, published in Frankfort on the Main, 1845, and also, in London, Kuhner's Greek Grammar, published in Andover, first edition translated by Edward, & S. H. Taylor. Kuhner's Latin Grammar, published in Boston, in 1815. De Lacy's general Grammar, Dr. Rush on the Voice, published in Philadelphia, in 1827, Weld's English Grammar, published in 1846. These are all the authors I can now think of, and some of them are not now in my possession, being in the hands of the Defendant, or his agent ; I cannot at present give the pages, nor the
paragraphs as required by the interrogatory. In the Greek grammar of Kuhner, the words and phrases, which Mr. Greene has used in his book, to express the system of analysis therein set forth, and the various divisions of sentences, and the relations of the various component parts of sentences to each other, are used with precisely the same meaning as Mr. Green uses them ?
I, Henry Sproul, a Commissioner appointed by the Circuit Court of the United States, in and for the Western District of Pennsylvania, in the Third Circuit, under and by virtue of the acts of Congress, do hereby certify, that the reason for taking the foregoing deposition, and the fact is, that the witness reside over one . hundred miles from the City of Boston, in the State of Massachusetts, the place of trial of the said cause.
I further certify, that no notification of the time and place of taking said deposition, was made out and served by me, because the defendant, and his attorneys, reside in the State of Massachusetts, and over one hundred miles from the place of taking said deposition.
I further certify, that on the 19th and 20th day of September, A. D. 1855, I was attended by the witnesses, who was of sound mind and lawful age, and the witnesses, having been by me carefully examined and cautioned, and sworn to testify the whole truth, the deposition was by me reduced to writing, in the presence of the witness, who subscribed the same in my presence—and I have retained the said deposition in my possession, for the purpose of transmitting the same by mail, to the Court for which the same was taken.
I further certify, that I am not of counsel or attorney for either of the parties in the said deposition, and caption named, or in any way interested in the event of the said cause.
In testimony whereof, I have subscribed my name and affixed my seal, this 20th day of September, A. D. 1855.
United States Commissioner.
UNITED STATES OF AMERICA.
WESTERN DISTRICT OF PENNSYLVANIA, ss.
I, Henry Sproul, Clerk of the Circuit Court of the United States, for the Western District of Pennsylvania, do hereby certify, that Henry Sproul, before whom the foregoing testimony was taken, and who, in his own proper hand-writing, signed and certified the same, was, at the time of so doing, and now is, a Commissioner of the United States, duly appointed by the Circuit Court of the United States, for the Western District of Pennsylvania, in the third Circuit, to whose acts, as such, full faith and credit, are and of right, ought to be given, as well throughout the United States, as elsewhere.
In testimony whereof, I have hereunto subscribed my name, and affixed the seal of the said Court, at Pittsburgh, this twentieth day of September, A. D. 1855, and of the Independence of the United States, the eightieth.
H. SPROUL, Clerk.