252 Provincial Court Proceedings, 1658.

Liber
P. C. R.

saying. But it is mine. And the deft answered againe, If it be yo^rs,
yo^u must be payd for it.
The plf not being able to proue in Court, th^t The Steare killed att
defts howse, was of his owne proper marke, or his owne steare.
The deft Craueth a Nonsuite, which was graunted

Mr Symon
Ouerzee v.
M^rs Jane
Eltonhead
Vid. fol. 132
p. 209

Vppon the Petⁿ of the deft, & Respite the last Court.
Will^m Harper att the request of the plfe sworne sayth, That the
last Spring being att M^rs Eltonheads, hee heard a Cow Lowing after
her calfe; & M^rs Eltonheads seruants told him th^t that Cow w^ch
lowed was M^r Ouerzees Cowe & th^t shee had lost her calfe.
The Gouerno^r allso declareth to the Court, That about this time
two yeare, there came Two Cowes to M^rs Eltonheads, a Browne
Cow, & a Red Cow.
The Deposⁿ of Alexander Laremore aged 27 yeares or thereabouts
Sworne & examined this 17^th of January 1658, Sayth, That M^r
Ouerzee had Two Cowes & one Calfe, w^ch came w^th M^rs Eltonheads
cattle to her howse. One of w^ch Cowes (w^ch was the dame of the
calfe) as swamped in March before M^r Ouerzees man came to
enquyre after the s^d Cowes. M^r Ouerzees man comming in Aprill
following to enquyre after them. And enquyring for them of this
Depon^t, Hee shewed him one of the Cowes, & told him the other was
dead. And M^r Ouerzees man desyred this Depon^t to shew him the
Dead Cow. And this Depon^t told him, hee would shew him her
Bones, but her flesh & skin was perished, & further sayth not.
Jurat die & ano Supraditt Coram Henry Coursey, ffran: Anketill.

The Deposⁿ of Nicholas Lurkey aged 24 yeares or thereabouts
Sayth, That one of M^r Ouerzees cowes was swamped & dead before
th^t his man came to demand them, And further th^t there, was neuer a
Calfe dead in M^r Harrises Tob. howse belonging to the Cow of M^r
Ouerzee, & that there was neuer a Cow fetcht from thence by him-
selfe, or any of M^rs Eltonheads poeple, & further Sayth not
Jurat dice & ano Supradict Coram Henry Coursey, ffrancis Anketill

John Hollinsworth aged 20 yeares or thereabouts Jurat idem
uerbatim quod Nicholas Lurkey ut supra.
Jurat Coraⁿ Henry Coursey ff^eancis Anketill.

The Deposⁿ of Thomas Walton aged 26 yeares or thereabouts
Sworne & Examined this 17^th day of January 1658 Sayth That hee
hath bene a Seruant unto M^r Richard Harrise, & M^r Henry Coursey
euer since about Aprill 1656, & th^t hee neuer knew of M^rs Eltonhead,
or any belonging to her, euer fetch or carry away any Cowe belong-
ing to M^r Ouerzee, or any Body else. And whereas there hath bene
a report, th^t the s^d M^r Harrise did take up a Calfe, & tyed it in his