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Early Maryland County Courts. xxvii
against him for damages, to learn at the trial that the blind man was not respon
sible for the letter, which was apparently the work of some practical joker
(pp. 147-148). In another case John Wickes of Talbot was sued for singing
a ribald song which he had had written for him by a certain Thomas Horrocks
detrimental to the good name of Mrs. John Wedge, who was the central figure
in the poetic effusion. Wickes was fined and obliged to apologize “on bended
knees “to the lady (Arch. Md. liv, 558). A rather remarkable case is one in
which a man sued a woman for defamation because she had spread the false
rumor that he was having improper relations with her. He asked damages
on the grounds that he was a single man, and that such rumors made it difficult
for him to secure a suitable wife. The court was sympathetic and ordered fifteen
lashes for the defamer (Arch. Md. liv, 576). Occasionally, when suits were
not actually entered, complaints were made to the courts of persons who had
used abusive language or opprobrious epithets about members of the bench.
Thus in 1659 at the May 12 session of the Charles County Court complaint
was made by Capt. John Jenkins, one of the justices, that he had been called
“Capt. Grindingstone “, doubtless a reference to an element of hardness in his
make-up. But the court seems to have taken no action in the matter (pp. 49, 51).
The term, “spindel shanke Doge “, applied to no less a personage than Justice
Job Chandler of the Charles County Court, gave rise to a suit for defamation,
August 19, 1658, against Thomas Baker. The court bound Baker over for
his good behavior (p. 13). Later Baker appears as the justice who was driven
off the bench as a hog-stealer.
Damages were asked for all sorts of offences, such as killing livestock and
poultry, false arrest or imprisonment, and illegal execution upon goods. A suit
for damages for a dog bite was thrown out because it was shown that the
plaintiff had “trod upon the bitch” (p. 337-338). In a case before the Kent
County Court, tried in January 1660/1, damages to the extent of 400 pounds of
tobacco were awarded for injuries received in a fight (Arch. Md. liv, 195). On
the records appear several suits requiring defendants to fulfill contracts, such as
the completion of the building of a house, suits for breach of the terms of a
partnership or a labor agreement, for unjust detention of property, and for
unlawful molestation. Many suits entered, especially those for debt and defama
tion, never came up for trial, and were dropped or settled out of court. In sev
eral instances suits which came before the court for hearing were referred by
the consent of both parties to arbitration. In one instance the court directed two
of its members to examine a complicated account and report at the next session.
In the county courts procedure in criminal actions down to the year 1666
was usually begun by “information “, or by presentment of the accused before
the court by one of the justices, the constable, the sheriff, or occasionally by
the Attorney-General of the Province. In the case of Lucy Stratton, the mother
of an illegitimate child, suspected of purposely drying up her milk to starve
her baby, the governor issued a special warrant for her appearance before the
Charles County Court (p. 28). In at least two instances the Attorney-General,
William Calvert, who was in the Charles County Court as attorney in a civil
suit when a hog-stealing case came up before the court, acted as a public prose-
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| Volume 53, Preface 27 View pdf image (33K) |
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