38 Assembly Proceedings, April 26-June 3, 1715.

U. H. J.

By the House of Delegates
May the 10th 1715

May It please your Excellency and Honours
This House taking notice of a Complaint of some of the
Militia Officers of Charles County Referred to the House of
Delegates by the honble Council on the 6th of May 1712
against Mr Philemon Hemsley and Mary his wife lately called
Mary Contee about Embezling some of the Arms and Ammu-
nition of this Province delivered out of the publick Store at
Annapolis in the year 1706 to Col John Contee decd thought
fit to call the said Philemon and Mary before the Bar of this
House to answer the same on Examination of whom It fully
appears that the said Philemon & Mary his wife as she is Ex-
ecutrix of Col John Contee are still accountable to the pub-
lick for one Barrel of good Gunpowder con. 100ls weight one
Barrel of muskett shot 3 pair of Pistols, one Cutlace with Belt,
two Drums, & two muskets they having produced no Receipt
of the same being delivered by the said Col Contee in his Life
time or themselves since to any Person qualifyed to discharge
them and therefore pray your Excellency & Honours will order
such effectual Care may be taken that the said Philemon and
Mary his Wife may be Obliged to make Satisfaction for the
said Deficiency that Embezlements of the Magazine may be
discouraged for the future
Signed p order Thos Macnemara Cl Ho Del.

p. 54

Which being read and likewise the Petition of Mr Philemon
Hemsley praying to be heard thereto
Resolved the said Mr Hemsley be admitted before this
Board to offer what he has to say in his defence upon the said
Representation

Who appeared and alledged that as to the powder Col
Contee's Executrix had delivered 86£ to the order of Col James
Smallwood since her Husband's Death, and that there had
been two General musters in which the rest of the powder
that Col Contee had was Expended except what was fired
away at his Burial, That as to the Drums they were in the
county one of the Musketts were broke, and one other broke
by two drunken Soldiers of the Militia And also one Cutlace
so broken by a Drunkard. But as to the Pistols he having
no proper discharge is willing to answer for them
Which not being wholly Satisfactory, Ordered That Mr
Hemsley State & give this Board a fair account of the Arms
and Ammunition Col Contee had delivered him And that he
lay the said Account before this Board to morrow morning by
nine of the Clock