Charles County Court Proceedings, 1662-1666.     277

      Whearupon Edmond Lendsey the deputed Atturney in open Court Liber B
    of the sayd baker humbly craueth that the p!antiue may show the [p. 6]
    defendants obligation for the deliuering of any more then hee hath
    already deliuered or any receipt to haue receaued more then hee hath
    again surrendered: which the Plantiue Coold not doe
      Whearupon it is ordered that the Plantiue shoold bee non suited
    and pay the Cost and Charge of suit:

    Daniell Johnson Plantiue The Plantiue aresting the defendant
    Mr Robert Sly Administrator in an action of the Case declareth it
      to Samuell Smith Defendant to bee for a debt dew from Samuell
    Smith unto the Plantiue by specialty and the defendant disowning
    the debt desireth that the plantiue may prooue how hee Came by the
    bill whearupon the plantiue desireth that Jacob Johnson might haue
    his oath giuen him and Samuell dobson oath was desired by the
    defendant which was granted and are as followeth
      Samuell Dobson sworne and examined in open Court sayeth that
    Concerning the bill in agitation hee hath nothing to say and sayeth
    that sumtime about the begining of March as hee supposeth hee was
    in Company with the sayd Johnson and Mr Gerrard at Capt William
    Battens hows and that Daniell and Mr Gerrard wear at Passage for a
    bill of Mr Hundlys that was dew to Mr Gerrard and the sayd John
    son hauing won that bill of Mr Gerrard thay played further in so
    much that the sayd Johnson won too thowsand pounds of tobacco of
    Mr Gerrard and Samuell Smith beeing thear Presant Mr Gerrard
    desired him to passe his bill to Daniell Johnson for too thowsand
    pounds of tobacco Samuell Smith alleaging that thear was e!euen
    hundered pounds of tobacco dew to him from Daniell Johnson out
    of the sayd bill hee past to him for Mr Gerrard: this tobacco beeing
    won on the saterday thear was bills past for it on the saboth day boath
    for this tobacco and the rest of the tobacco won ofy Mr Gerrard;
    upon the saboth day W Gerrard hauing them to Assigne as payment
    for the tobacco hee denied the Assigment of them and told the sayd
    Johnson that thay wear not Authenticke because thay wear signed on
    the sabboth day and further sayeth not
      Daniell Johnson desireth that the sayd Dobson may bee sworn
    wheather this bill now in agitation bee the sam bill tht was passed
    on the sunday

      Samuell Dobson sworne and examined in open Court sayet that [p.7]
    according to his formar oath hee can say nothing to the bill now in
    agation

      Jacob Johnson Sworne and examined in open Court sayeth tht this
    bill hee witnesed between daniell Johnson and Samuell smith and that
    to the best of his Rememberance it was past on the sunday at night
    and further sayeth not