356        Provincial Court Proceedings, 1668.

         Liber FF Then was called Peter Gramare Rupert Birkenhead and Thomas
               Couant for Euidence agt the prisoner who being sworne and Ex-
               amined in Court declared to the Jury what they could say therein
               which being sufficient Euidence for the Lord Proprietary the Jury
               went from the Barre

                The Jury of life and death being agreed Came into Court to giue
               theire Virdict, being called by theire names answered thereunto and
               being askt if they were agreed of theire Virdict Answered yea, & who
               shal say for them answered theire Foreman
                The Prisoner being then called to the Barre there held up his hand
                The Clerk then bid the Jury look upon the prisoner
                yow that be sworne what say yoW is he Guilty of the murder
               whereof bee stands endicted or not Guilty
                Who deliuered in theire Virdict as followeth in writeing
                Wee the men of the Jury sworne upon the tryall of the life & death
               of Walter Pake doe returne our Verdict specially in manner
               following,
                That Walter Pake is Guilty of the death of Willm Price by wound-
               ing him in seuerall places of the body whereof hee dyed
                That Walter Pake was drunk and did not know what he did att the
               time of Committing the fact aforesaid
           uerte
         [p. 656] Therefore if the Court are of Judgm that it was murder, Then
               the Jury doe finde it murder But if not then the Jury doe finde it
               manslaughter
                The whole Bench then gaue theire Judgmt that the said waiter Fake
               now Prisoner att the Barr is Guilty of Murder
                The Prisoner hauing nothing to alleadge why according to law
               he should not haue Judgmt to suffer death, The Judge proceeded And
               past sentence of death on the sd prisoner who desired he may suffer
               death before his owne howse where hee Comitted the fact, which was
               granted him, And warrt of Execucon issued to the sherriffe of St
               Marys County to Cause the Body of the said Walter Pake to be
               Executed att the place aforesaid by the hands of Pope Aluey on
               Thursday next being the seauenth day of this Instant between nine
               and twelue of the Clock in the morning, then and there to hang by
               the neck untill he shall be dead

                The Court then proceeds to the tryall of Thomas Corker and
               William Kee, who being called to the Barr there held up theire hands,
               and the Bills being read that was found agt them by the Grand Jury
               they were demanded seuerally, whether they were Guilty of what
               they stood endicted or not Guilty who answered seuerally not Guilty,
                Being asked how they would be tryed Answered seuerally by God
               & the Country