74 Provincial Court Proceedings, 1658.

Liber
P. C. R.
1658
April 29
Evans v.
Gerrard

Thursday 29^o Aprilis, 1658

All Pn^et as yesterday (Except M^r Nathaniel Vtye.)
To the hon^ble Josias ffendall Esq^r Leiuten^t & Gou^r of Maryland.

The humble Petⁿ of Will^m Euans.
Sheweth.
That about two yeares agoe, One Anne Browne possessed Certaine
cattle in her life time & lyued in yo^r Pet" howse, W^ch s^d cattle, the s^d
Anne did lett out to her father in Law, But the s^d Anne comming
to dye, distributed all her s^d cattle to diuers persons as Legacies, as
by her will appeareth, Amongst w^ch shee bequeathed One Cow, and
her encrease to yo^r Pet^rs wife, W^ch Cow being then att her fores^d
father in Laws plantaon & on M^r Gerard Manno^e The s^d M^r Gerard
hath wrongfully taken th^t s^d Cow, as his owne, & still deteynes the
same from y^r s^d Pet^r & his Wife, Making diuers strange pretences,
& allegaons both of the marke & other; whereby to wrest the same
to his owne use & warrant the Detineu thereof, Neyther could yo^r
Pet^r euer bring the s^d M^r Gerard to any Legall tryall therein, Hee

P. 39

still making some euasion or other, for to iustify his not appearing:
w^ch hath putt yo^r Pef to much costs, charge, and dammage, Agst all
w^ch pretended allegaons of M^r Gerard, yo^r Pet^r by diuers Oathes
formerly taken concerning th^t p^eticular Beast, is ready to produce the
same, Prouing & confirming yo^r Pet^rs iust Right & Tytle therto, in
behalfe of his s^d Wife, The premises considered, yo^r Pet^r humbly
Craueth th^t hee may bee possessed w^th the s^d Cow & her encrease, &
allowed for his Costs & hinderance therein, according to the usuall
presidents of this prouince & hee shall euer pray &c :
Uppon the Petⁿ of Cap^t Will^m Euans, agst Thomas Gerard Esq^r
concerning his the s^d Gerards deteyning a Cow, & her encrease w^ch
the Pet^r sayth doth belong unto him, on the behalafe of his Wife,
Thomas Gerard deft in answere sayth, That he fownd a Cow in the
myre & pulling her out & veiwing the mark, he fownd th^e shee was
marked w^th his mark, & thereuppon deteyneth her-hauing formerly
lost some cattle, & about the Age of th^t Cow, And w^th all, threw
downe uppon the Table both the Cowes eares, & the eares of a swine,
cutt of, for the Court to iudge of the resemblance & neareness of
both marks.

Vide De-
pos^ns supra
Pp. 16 & 17

The Depos^ns being reueiwed & read in open Court & the euidences
appearing cleare, The Opinion & Judgm^t of the Court is, That the
marks are not directly the same, & That the Cow in dispute is Cap^t
Euans Cow, It is thereuppon Ordered That the Cow, now in dispute
as a-fores^d w^th her encerease be to the s^d Cap^t Euans.
As to the Costs & dammages The Pet^r Craueth a Jury to consider
thereon, w^ch was graunted.
In the meane time the Gouerno^r adiorned the Court for a while
warr^t to the Sheriffe to empanell a Jury of 12 men w^thout delay.