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Correspondence of Governor Skarpe. 383
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Escheated the Land) as proved to the Jury of which they had
not offered one title of Evidence; He objected to those facts
standing as part of the Verdict; And after much altercation
their Honours of the Bench did think it unreasonable that they
should incert any facts as proved, to which no sort of Evidence
had been given; This drove them to some sort of proof; in
doing of which their Honours made them Ample amends for
laying them under this Necessity; For in the first place,
instead of obliging them to produce either Deeds or Wills
to show these two several transfers, as they ought to have
done, they permitted them to prove them by witnesses ;
In the next place they Ruled that what the witnesses declared
they heard an old woman say, was good Evidence, contrary
to the known rule not to admit hearsay as substantive Evi-
dence; And lastly, they violated both this & another rule, that
a party interested shall not be a witness, for their Honours
ruled that what the witnesses declared they had heard a person
who at the time of which they spoke was in Possession of this
Land and claimed it as his own say, concerning the manner in
which he came by it, to be good Evidence; And thus they
made out those two steps of their Title, & those facts were
allowed by the court to stand in the Special Verdict as proved ;
They having by this means made out their Title under the
original Patentee, whence consequently there could be no Es-
cheat, & therefore the Escheat Patent void; By the Extraordi-
nary & absurd determinations of their Honours with regard to
Evidence; And which may serve as a Precedent for them in
other Similar cases & so Strip the Proprietor of his rights to
Escheates, by Pretended proof; and notwithstanding the direc-
tion of the court to the Jury for a Special Verdict (wh was
drawn up) the Deft counsel endeavoured to preswade the Jury
to find a General Verdict from popular arguments to do so;
And notwithstanding Mr Attorny Bordley endeavoured to
awaken their Honours from their seeming Lethargy by putting
them in mind of their proper Authority, the debate being
Ended & Submitted to the Decision of their Honours, they
did stop Mr Goldsboroug; And his Honour the Chief Justice
(a clerk to a county court) directed the Jury to find a Special
Verdict; But at the same time told them, that however they
might if they pleased find a General one; upon this they
retired & returned with a General Verdict for the Deft And
thus Mr Chief Justice as a weather cock Blown & wavering at
all points (of Law) his vane of Judgement setting North East
(or rather North West the Blight in America) he Breathed
forth (words) & Blasted the face of Justice & Darken'd the
proper lights for an appeal; what a Judge ! against his Lord;
He has Manifested good cause for his remove from the seat
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Original
Calvert
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