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This suite being on a Respite ordered the last Court the Deft pro-
duceth these other wittnesses, & the former allso according to tht
former Order to be sworne Viue uoce att this Court.
Humphrey Warren deposed sayth That about this time two yeares,
hee saw Mr Starkeys Mare, & Two stone Colts following her, The
one being about an handfull lower then the other, & allmost of one
colour, Only the lesser was more bay, & tht hee uerily beleiueth tht
the horse now in dispute was one of those Colts, tht this Depont
saw following the foresd Mare.
Leiut Thomas Trueman sayth, tht hee tooke up Mrs ffenwicks
Mare att St Maries, & kept her up in Mrs Stone Calfe pasture, And
Mrs Stone riding to Mattapanian tooke the sd Mare, & left her Colt
behind, & comming home againe, the Colt was gone out of the
pasture, And tht this Depont stayd two dayes for the Colt, wch re-
turned not, & thereuppon this Depont brought the mare up to Mra
ffenwicks Plantaon wthout the Colt, & cannot say tht the horse now in
dispute bee tht Colt or not.
John Biggers Depn Vid Supra fol. 176
Willm Innis depn Vid. supra fol. 177.
Robt Mackay sayth That hee this Depont hath beene Groome to
some Greate pesons both in Scotland & England for the space of six
yeares & being desyred by the deft to looke in her Roand horse
mouth, Doth declare tht the sd horse is fiue yeares old, In case tht
horses follow the same course in this Country as they doe in
England.
Thomas Gerard Esqr doth declare uppon his owne knowledge tht
the same markes, tht was the rules in England, by experience this
Depont doth find to bee true in this Country, & being intreated by
Mrs ffenwick to looke in her Roand horse mouth, did, & doth there-
uppon declare tht the sd horse is fiue yeares old this grasse
Tho: Gerard.
John Bogue, Sayth, That on the first of ffebruary last hee this
Depont did goe wth the deft to New-Towne to a Court & there
meeting wth Mr Mathews, this Dept heard the deft say to Mr Math-
ewes, tht now shee had gotten further euidence concerning her
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Mr Raph
Crouch v.
Mrs Jane
ffenwick
Vid. fol. 175,
et seq.
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