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Judicial and Testamentary Business of the Provincial Court, 1649/50-1657
Volume 10, Page 143   View pdf image (33K)
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         Court and Testamentary Business, 1649 50.143




       Said Clark laden with powder and Shott and laid upon a table Liber B.

       in the Said house where the Said Langworth Soon after comeing

       in and takeing the Same into his hands the Mischief before

       menconed thereupon ensued of which the Said Attorney was

       ready to make proof, And on the Ld Propriary's behalf prayeth

       that the Court would proceed against the Offenders in the

       premisses according to Justice and the nature of the Offence,

       That Soc his Lordp and the Government might be discharged

       in that behalf.

         And the Said Clark and Langworth being thereupon brought

       to their Answered acknowledged in Open Court that the Sd

       Phillip Anther was accidentally and unfortunately killed by the

       discharge of Mr Clark's Pistol in the hand pf the Said Lang-

       worth unawares without any thought or Intention in either of

       them of any harm to the Said Anther.

         Whereupon by appointment of the Court a Jury was Impan-

       nelled for the tryall Vizt Lieutent Richard Bancks Lt Wm Evans

       Mr Phillip Land Edward Cotton William Whittle Mr John

       Lawson Mr John Lewger Henry Cox William Edwyn W

       ffrancis Brookes John Shertcliff and Walter Pakes who being

       Sworn in Open Court had their Charge given them upon their

       Oaths as followeth:


                    The Charge of the Jury.

         To give in a Just and true verdict to the best of your Judgmt

       and Skill upon the Evidence to be produced to you how and

       by whome Phillip Anther was killed and whether the Author

       or authors thereof did doe the Same Maliciously or willfully or

       else unwittingly and unfortunately, And if you find it only to

       be an unwilling and unfortunate accident without any Intention p. 276

       of Evill in the Actors In that Case to inform the Court by your

       verdict by whose carelessness means or defalt the Same hap-

       pened and in what respect

         After which the Said Jurors having Spent Some time upon

       the Tryall brought in their Joint Verdict in these words

       following V1Zt


                      The Jurors Verdict

         We find that Phillip Anther was accidentally and unwittingly

       killed by James Langworth. Neither doe We find negligence or

       carelessness in either party

         Upon which Verdict this Court after Some debate of the

       Matter thought flu and doth hereby acquitt the Said Robert

       Clark in every respect touching Phillip Anther's death And

       doth ffine James Langwonth in that respect ffive hundred

       pounds of Tobacco and Cask to the Lord Proprietary, And

       doth Order him to pay all Court Charges

                   1 April 1653 Execuc mdc ad Satisfaciend


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Judicial and Testamentary Business of the Provincial Court, 1649/50-1657
Volume 10, Page 143   View pdf image (33K)   << PREVIOUS  NEXT >>

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