504  Provincial Court Proceedings, 1665.






              Liber F F Thomas Gill aged 23 yeares or thereabouts sworne sayth, That
                     hee fownd Two of Mr Cuthbert ifenwicks mares; & fownd in each
                     of them one shott & the marks of seuerall other shott, but could not
                     find them, & Likewise where they did Leape ouer the ifence hee
                     fownd some Blood uppon the Rayles, of the sd ifence in Clarks Plan
                     tãon & further sayth not.

                       John Hynyn aged 26 yeares or thereabouts sworne sayth, That
                     hee saw Thomas Clark wth his Gun in his hands dryue Two of Mt
                     ifenwicks mares out of the Corne ifeild, That hee heard Two Guns
                     goe of & saw both the sd mares bleeding, where the mares went ouer
                     the ifence it was bloody, & rubbed ouer wth dirt, And tht wthin Two
                     howres after hee fownd both those mares Dead, & much Blood where

                     they Lay, That hee saw Bristow shott taken out of them, & further
                     sayth not.

                       Susan Hynyn aged 23 yeares or thereabouts sworne sayth, That
                     shee did see Thomas Clarke take up his Gun from of the Grownd in
                     his Corne ifeild & brought it to his howse tht morning tht the Two
                     mares were fownd Dead. Afterwards Clarke asked this Depont
                     whither a man might not shoote in his owne grownd? And tht hee
                     did shoote, further sayth not.
                       The Exãion of John Bogue taken before mee Thomas Sprigge this
                     10th of July 1665, sayth,
                       That some time in June last Cuthbert fenwick came to mee desyring
                     nice to goe him & Looke uppon those mares wch hee heard were
                     shott, And Comming to them wee fownd Two mares dead neare to
                     Tho: Clarks Corne ifeild ifence. Both mares I did see opened & there
                     fownd in them Two small shotts, (called Bristow shott) in the sides
                     of the mares Bellys, And to the best of my Judgmt I did see Blood
                     uppon the ifence where they did say they came ouer & the Print of
                     horses ffeete, both wthin & wthout the ifence where they did Leape
                     ouer.                             John Bogue

                       This examinãon was deliuered to the Jury but the examt being in
                     the howse sick, was not taken & sworne to Viua Voce

                 [p. 95] John Ellis called to the Barre. Presentmt Read (Vizt)
              Presentmt The Jury for the Right honble the Lord Propr doe prsent That
                     John Ellis of Kitt Martins Poynt in St Maries County uppon the ifift
                     day of July 1665 att West St Maries in the County aforesd wth fforce
                     & armes one shirt of the ualue of Three shillings ffeiloniousiy did
                     steale Contrary to the peace of his sd Lp his rule & dignity.
                       The prisoner pleads not guilty & putts himself e uppon his Country.
                       John Cully examined uppon oath this 25th of July 1665, sayth,
                     That John Ellis stole a shirt from him, & tht the sd Cully Challenged
                     itt uppon his back, & further sayth not.
                      By me Philip Caluert            The marke of
                                                     John  Cuily