It is easy enough to see why Lucian swore
this. His object was to prove that the assignment was not in the deed
when Talbott got it: but it was discovered he could not swear this
safely, without first swearing the deed was opened--and if he swore it
was opened, he must show a motive for opening it, and the conclusion with
him and his father was that the pointing out the error would appear the
most plausible.
For the purpose of showing that the assignment was not in the bundle when
Talbott got it, is the story introduced into Lucian's affidavit that the
deeds were counted. It is a remarkable fact, and one that should stand
as a warning to all liars and fabricators, that in this short affidavit
of Lucian's he only attempted to depart from the truth, so far as I have
the means of knowing, in two points, to wit, in the opening the deed and
pointing out the error and the counting of the deeds,--and in both of
these he caught himself. About the counting, he caught himself
thus--after saying the bundle contained five deeds and a lease, he
proceeds, "and I saw no other papers than the said deed and lease.
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