I wrote you a short note which I suppose you recd to day. We had gotten through mud cut and were pushing ahead with the track when the fill just before the Birch Ridge tunnel (that was) slided down the hill and we have been detained there 10 days in the mean time mud cut has slided again but with suitable weather we will get through there again this week. The Long Branch cut slided in filling it up completely. I hired a lot of hands and am working it night and day and hope to get it through the first week in Jany. provided no more slides. The trestle just beyond is finished also Lick log tunnel and all grading to the top we are now levelling it for track which is only detained by mud cut. Long Branch I applied for hands to work at night in order to push it up, promising my self to furnish Camps extra guard if necessary &c but it was refused me. The large tunnel is working much better, we are now making 26 feet per week and with no accident will have the heading through in Jany, the grading to Mont Stepps is all done and ready for iron and the work beyond is progressing very well. The grading of the Newton Branch is over half done. Mr. Clayton and I are pushing all we can but these slides can not be prevented until their regular slope is obtained.

I went to Wilmington in the case of Rice against RRd he claimed about $9000 for work & labor done damages &c denying most of the payments that had been made by the commissioners to a Capt Manor in the guard that he was never his agent only a hired overseer and Manor was going to swear that he supposed he was but was mistaken and all manner of lies were to be sworn. My atto Maj. Devane took the ground that the commissioners had no right to make a debt Judge McKoy overruled him, saying that though they could not make a debt on the road they could pledge one half its earnings. I saw a letter from W. A. Wright taking the same grounds—Rice a radical, his witnesses radicals ready to swear any thing, the Sheriff a radical with nine jurors negroes, my atto advised a reference & camp and they allowed him $2900, my friends thought I got off well and Rice was very much dissatisfied. My atto was affraid of a large judgement on the earnings and a receiver appointed and the work stopped for a time. Though he thought his law was correct yet he thought Rice could come in for work & labor done. The amount is about what is due him and I expected to pay in as I was able but could not do so all at once and really he gained nothing as our agreement was to pay $500 every quarter until settled, but as he has acted the dog I would like to excuse him, and will write to the atto Genl in regard to it. It is now in this shape a judge must extend against the road and my notes in 3, 6 & 9 months given to settle it, can not the atto Genl acting for the state enjoin me from paying them on the grounds I had no right under our charter to give the note creating a debt. It looks rather as going back on an arraingement agreed to but I was in a den of thieves and had to get out as best I could. If there is any thing in my plan I will be down the 8th and talk it over with you & Col Keenan. I will send report to morrow.

Can I do anything for you before I come down? Mrs W send love and says she has intended writing to you, could you not let sonny spend his vacation with us. Maj Rollins told me Genl V. had written to Keg asking the change of mail but it was not true, we get the same pay, but it was a scheme of McAdams to get the mail taken off, Wedden & Bailey to carry the mail on a horse and drive all passengers by the Spartanburg road. They notified me to day that unless I would contract to sell tickets for 12 months over their line they would withdraw, which I of course refused, will if necessary buy a stage for the company. With the fast mail & passenger I make close connection. But it is no use to try to please Asheville. Excuse this long letter.