Proceedings of the Council of Maryland, 1769- 1770. 315

At a Council held in the Council Chamber on Friday the 20^th
day of October in the Nineteenth year of his Lordship's Do-
minion Anno Domini 1769.

Present
His Excellency Robert Eden Esq^r Governor.

Daniel Dulany Esq^r John Beale Bordley Esq^r

The honble John Ridout Esq^r George Steuart Esq^r

Read the Transcript of the Conviction of Elizabeth Horner
Condemned at the last Assize Court held in and for Somerset
County for having feloniously Stole taken and lead away one
dark Bay Coloured Mare of the Price of Ten Pounds Cur-
rent Money of Maryland of the Goods and Chattels of a
certain Levin Ballard. Read also the following Representa-
tion from the Judge relative to the said Conviction.

Somerset County Assizes Sept^r 1769.
The Evidence produced in behalf of the Lord Proprietary
against Elizabeth Horner proved that the Mare was Stole out
of the Pasture of Levin Ballard and was found in her Pos-
session That the said Elizabeth was the forepart of the Night
of the Stealing Twenty Miles from the Pasture afs^d and early
the Morning after the same distance so that if she was Guilty
of the Felony she must have traveled forty Miles that Night
some Goods were also proved to have been Stole the same
Night within a Mile of the Pasture aforementioned, which
Goods were also found in her Possession She alledged that she
received the Goods and Mare of a Person who absconded
about the time of her being apprehended. As there appeared
to the Judge a Possibility of her Innocence he begs leave to
recommend her to his Excellency the Governor for Mercy, But
on Condition that if his Excellency should exercise this divine
attribute upon this occasion that it be with the condition of
her leaving the Province
Dan of S^t Tho^s Jenifer

Whereupon Consideration of the Premises His Excellency
with the Advice of this Board was pleased to Order that a
Pardon Issue for the said Elizabeth Horner on Condition
of her leaving the Province on or before the First day of Jan-
uary next, never to return again, or giving Security before
two Justices of the Peace for her Good Behaviour for Seven
Years. Which Pardon issued accordingly.
Read the following Papers and Depositions relative to a
Riot committed, in Chester County Pennsylvania.

Lib. C. B.
No. 20
p. 74