330 Proceedings of the Council of Maryland, 1753-1761.

Lib. J. R.
& U. S.

Deponent does not know, that when the said Outten with his
Party went into the House Willey was up the Loft and stood
Over a Vacancy that was in the plank that made the Floore
of the Loft and with a Large Stick about the Length of Six
feet Kept off the said Outten who was atempting to Take him
that as soon as Outten Attempted to get up the said Vacancy
the said Willey Struck at him with the Stick aforesaid when
Col^o Dennis who was then present proposed to the said
William Outten and the said John Willy that all endeavours
to take the said Willey should be Stopped and the matter
Referred to the Magistrates of Worcester and Sussex Coun-
ties to be by them Amicably settled which was readily agreed
to by both the said William Outten and the said John Willey
upon which the said John Willey requested the said Outten
with all who were in Company with him to sit down which
they or the greatest part of them did, that in a very short
Time afterwards when the said Outten and those that were
with him were about to Return home, without any farther to
do in the matter a certain John Sharpe and Pennington
Welch Came up Sharpe with a Stick in his hand and Welch
with an Iron rod, Sharpe calling out where is the Damned
Sheriff I will Split him to the Earth or words to that effect,

p. 288

upon Which Outten went Out of the House (he not having
gone out un till then) with a Cutlass (which had that Day
been Taken from a Certain William Mullinux) in his hand
that then the said Outten and Sharpe Engaged and after
Several Strokes had passed between them, the said Welch
made a Stroke at the said William Outten which fell on his
Shoulders with such violence that the rod did Bend and fly
out of the hand of the said Welch, when both Welch and
Sharpe run off but as Sharp Turned to Run Outten made a
Stroke at him which wounded him on the Left Shoulder upon
Which the Engagement ended and the said William Outten
with those that were in Company with him went to get their
Horses in order to Return home but that Sundry persons
immediately came up some with Guns and some with Clubs
upon Which the said John Willy came out of his House and
called out give me a Gun and I will shoot the Son of a Bitch
upon Which the said John Willy took a Gun and Some One
bid him shoot upon which some of the Company who had
come (as this Deponent Supposes) to oppose the Sheriff
called out if you shoot, shoot him in the Legs but Sharp
called out Damn him shoot him in the Body, that the said
John Willy then went Round the House with the Gun in his
hand and upon Outtens hearing' some one call out he is going
to shoot you he Turned about and the said Willey came
within about Ten yards of Outten presented the Gun and
Shot him, after which this Deponent & all the Company