Chancery Court Proceedings, 1668-69.  323





       The Sheriff being called brings in a Pannell of Juro.rs whose Liber CD
     names are as ffoll                       (fol. 524)
       m.r Joseph Horsley
                     John Staynes  Clement Theobalds
        toreman
                     Oliver Gery   John Cocher
       Henry Hosier
                     John Potts    Walter Green
       Richard Atkins
                     Thomas Hinton Jonathan Marlen
       Curtis ifietcher
       The Jury being Sworn and their Charge Given them Concerning
     the prisoner and that they should hear their Evidence
       The S.d Severall Wittnesses appearing were Sworne & Examined
     in open Court declareing to the Jury what they Could Say therein
     w.ch being done the Jury went from the Barr & being agreed of their
     Verdict Came into Court and being Called by their names Answered
     & that they were agreed & the foreman Shod Speak for them
       The prisoner being at the Barr the Jury deliver in a Sp.ll Verdict
     in writeing as followeth viz.t
     Verdict
       That Richard Turner was killed with a Gunn by Thomas Cocher
     and they pray the advisement of the Court if the Court do find it
     manslaughter we find it manslaughter otherwise we find it man
     slaughter by misadventure
       The Court then asked the Jury where they find he was when he p. 401
     was killed or Shott, they answered without doors upon Some Loggs (fol. 524)
     a Sleep
       The Jury was then demanded if he fly for it who Answered no
     to their knowledge
     Judgm.t
       The whole Judgement of the Bench is that it was but manslaughter
     by misadventure
       Proclamacon being made no other person appeared to give further
     Evidence against him
                                     Charles Calvert
                                     Phillip Calvert
     A pardon for Thomas Cocher
       Caecilius absolute Lord and Proprietary of the Provinces of mary
     land and Avalon Lord Baron of Baltemore &c To all Sheriffs Bay
     liffs & others to whom these presents Shall Come Greeting in our
     Lord God Everlasting Because we have understood by the Record
     of our Dear Son Charles Calvert Escp o.r Chief Justice of our Prov
     ince of Maryland and his fellow Justices of our Provinciall Court
     assigned that Thomas Cocher of Portoback in Charles County
     planter detained in the prison of the Said County for the Death of
     Richard Turner of w.ch he was Indicted killed the Said Richard by
     Chance & not by ifelony or of malice forethought We moved w.th