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

Lib. J. R.
& U. S.

By a Letter I have just received from the Chief Justice I
have reason to think my orders have been carefully obeyed
and I send you Copies of Sundry Affidavits which evince that
the Place &c. is in the County of Sussex.

I have now the Honour to acquaint you that as I conceive
it is not in my Power to obstruct the Course of the Law, nor
in any wise to interfere therewith, I cannot consistent with
my Station er Duty Comply with the request you have made
to deliver up Wiley, Sharpe and others to receive their Tryal
in your Province, nor to discharge such Persons as now
stand Indicted for a Riot on or near the Borders of the two
Provinces.

p. 314

The Justices of the Supreme Court of the Government of
the Lower Counties having appointed the 25^th Instant at
Lewis for the Tryal of John Wiley and others under Indict-
ments I shall send the Attorney General to attend the Court
and if it be found that the Place where Outten was killed is
out of the Jurisdiction of that Court I shall then Give the
Necessary orders to have Wiley and all others confined and
delivered up lo any Officer you may appoint to receive them
in order to be tried where the Fact shall really appear to have
been committed I am Sir
Your most Obedient
Sussex County on Delaware. and most Humble Serv^t
William Denny.

The Deposition of Waitman Willey of the County afore-
said Yeoman aged Twenty Seven years or thereabouts
taken at Lewis in the said County this Twenty third day of
May in the year of our Lord one Thousand Seven Hundred
and Fifty nine. This Deponent being Sworn on the Holy
Evangelists did depose and say that he was born in Somerset
County in the Province of Maryland, very near the Borders
of the County of Sussex on Delaware (as it is now called)
but then more Generally known and called by the name of
Whorekill County; The Deponent farther saith, that when
he was a Lad his Father (by name John Willey) was Deputy
Sheriff to a certain Joseph M^cCloster, then high Sheriff of
Somerset County aforesaid and he the Deponent further
saith that on the Plantation whereon a certain Richard Cov-
erdale Sen. now Dwelleth, or upon some Part of the Land
of the said Plantation a certain Nathaniel Dunahow had
made an Improvement and small Settlement, but under what
rights he the Deponent knoweth not; the which Plantation is
Scituate on a Branch called and known by the Name of
Maple Marsh Branch, and on the Northern side thereof,