delivered the opinion of the court.

This motion is denied. Equity Rule 70 has'ho application to this case, and the affidavits presented do not show such facts as render it necessary for this court to make any special order in tiie premises. Under Rev. Stat. § 866 “ any Circuit Court, upon application to it as a court of equity, may, according to the uses of chancery, direct depositions to be taken in perpetuam rev rnemoriarn, if they relate to any matter that may be cognizable in any court of the United States.” There is nothing in the motion papers to indicate that the appellant may not proceed under this statute to take and perpetuate his testimony, if he has reason to fear that it will otherwise be lost.