Volume 717, Page 237 View pdf image |
237 (227 Calvert County Court fs To the Justices of Calvert County Court sitting Bee it remembred that John Abington of Calvert County Merchant who as well for himselfe as the Lord Prop.ry in this behalfe prosecuted giveth the Court here to understand & be Informed that William Kidd of Hunting Creek in the County of Calvert aforesaid Planter between the five and twentyeth day of October in the fourth yeare of the Dominion of the R.t honoble Charles &c Lord & Prop.ry &c aforesaid and the Eight and twentyeth day of the same month of October aforesaid Did wittingly & willingly Trade barter Commence & deale w.thin William Kingsly a Runaway Servant of the Said John Abington for one Canvas bagg of the price of Fifty pounds of Tobacco being the proper goods of him the said John Abington against a certaine Act of Assembly Intituled an Act relateing to Servants and Slaves Executed att a Genall Assembly held att the Citty of S.t Marys the Fifteenth day of May in the first year of the Dominion of the R.tt honoble Charles Lord & Prop.y &c whereby the said William Kidd hath forfeited the sume of Two thousand pounds of Tobacco Whereupon the said John Abington as well for the Lord Prop.ry as for himselfe in this behalfe Prayeth the advice of the Court And that the said John Abington may have the moyety of the said Forfeiture according to the forme of the said Act of Assembly And also that the said William May Came here in Court & Answers in & upon the said p.rmisses John Abington Plt Plea George Parker Pledg depsc John Doe & Rich.d Roe Will Kidd Deft And the said William Kidd by Charles Boteler his Attorny comes & defends the force and Injury when &c and sayth that he is in nothing Guilty of the breach of the Act of Assembly in manner & forme as the Informant above in his Informacon hath sett forth and of this he putts himselfe upon the Country C Boteler & Defend.t And the Plaintiffe alsoe Geo Parker Whereupon Venire facias issued to the sheriffe to Impannell Twelve &c The sheriffe Returns his Pannell viz.t
Who being all Sworne to try the cause according to Evidence The Plt for Evidence produced William Kingsley Servant to the aforesaid John Abington aged sixteen yeares or thereabouts who being Sworne in open Court sayth that he runing away from his Masters Plantacon and carrying a Canvas bagg along with him he went to the house of William Kidd and yo.r Depon.t being hungry sold the bagg unto William Kidd for a Pone and a peece of Bacon Whereupon the said William Kidd charged your Depon.t that he should keep Councell w.ch yo.r Depon.t promised to p form & further sayth Not The Defend.t for Evidence produced (viz.t) John Joyce aged Twenty Three yeares or thereabouts sworne in Court sayth That when William Kingsly returned to his Masters Plantacon yo.r Depon.t enquired of him where the bagg was the said William Kingsly told him he had hung it upon the Giftes in the Tobacco house Whereupon yo.r Depon.t went there to look for it but could not find it then the said William Kingsley told yo.r Depon.t the hoggs had pulled it downe & carryed it out but though your Deponent had searched narrowly for it he could not finde it thence y.e said W.m Kingsly had yo.r Dep.t he had given it to one of the Neighbours thereupon yo.r Dep.t went there to enquire for it but the man told him hee knew nothing of it neither had the said William Kingsley lately been there And yo.r Dep.t further sayth that comeing againe he enquired further of the said William Kingsley where the bagg was and he told yo.r Depon.t he hung it upon the Fence where he was gathering Corne before he Run away whither yo.r Dep.t also went to Search for it and found a place neer the Fence where the said William Kingsley had made a fire and Roasted Eares of Corne but yett yo.r Depon.t could not find the bagg Then the said William Kingsley told yo.r Depon.t he had sold the bagg to William Kidd for a Pone & a peece |
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Volume 717, Page 237 View pdf image |
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