272  Provincial Court Proceedings, 1664.





               Liber B B  Veitch did know of it, and that to the best of my knowledge there is
                       an yearling and a Calf e of the encrease of this Cow, And that this
                       Cow had both eares Cropt, and did neuer take notice that it had
                       any other marke, And further saith not—
                       Demetrius Cartwright deposeth in Court saith that that Cow
                      which James Veitch Claimes is of the same marke the rest of his
                       Cattle (uizt) both eares Cropt and an half e moone cut out of the
                       upper part of the care, and that James Veitch did make demand of
                       this Cow, and her encrease, and Mr Tripp did deny to deliuer them,
                       and further saith not—
                       James Price deposeth in Court saith that this Deponant was not
                      att home, when the Cattle of Michael Brooks were appraysed, and
                      that James Veitch did desire me to goe into the penn to see the marke
                      of the Cow which he Claimed and I found the marke to be Cropt
                      on both cares and an halfe on the topp of each care and further
                      saith not
                       William Euans deposeth in Court saith that James Veitch made
                      demand of a Cow and her encrease that he said was his, of Henry
                      Tripp, and he said he would not deliuer them wthout Order of
                      Court and further saith not—
                      Hen:     Tripp upon appeale plt : the foregoeing appeale undr the
                      James Veitch defendant Cla rkes hand of Caluert County
                uide pete Court being read, which appeale was in Chancery, James Veitch the
                   322 cleft alleadgeth that the pit: could not appeale in Chancery by reason
                    there was no injunction on it therefore Craues a dissmission—

                                The Court adjournes till afternoone
                againe rnett the Leiutennt Generall alsoe prsent But Mr White absent
                    by reason of his indisposedness in health

               [p. 339] The foregoeing pit: and deft againe at the Board appearing Both
                      partyes Ioyne issue, and Craues to haue the meritt of the whole
                      Cause, tryed by the Gouernor and Councell which was allowed, now
                      James Veitch plt—
                      James Veitch plt: The appeale againe read, to which the deft
                      Hen:     Tripp defendt pleads not Guilty And desires John Turners
                       Oath may be taken who in open Court was sworne and saith I heard
                       my Mastr Michael Brook say if he had not taken that Calfe for a
                       debt he had not had any thinge he Came into the Country in No
                       uembr last was twelue months and about that time this was done And
                       further saith not—
                       The deft desires Iudgmt of the Court
                       Coil:   William Euans opinion herein, is, that if James Veitch had
                      any property or Claime to the said Cattle he would haue taken some
                      Course to haue had them home in all this time—