132 Charles County Court Proceedings, 1666—1668.

        Liber C Mdm Dan. Johnson Nonsuited Mr Warren as attorney of Bisse
              by reason tht he was not able to produce in Crt the said Bisses accot
              Ordered therefore that Philip Bisse be Nonsuited and pay costs
              of suite.

                Mr Humphrey Warren as Attorney of Philip Bisse Defend.t made
              his personall appearance at the Suite of Thomas Baker Plaintife
              in a Plea of trespasse upon the Case
                Whereupon the Plaintifes Declaracon was read in Court as fol-
              loweth vizt
                To the Worple the Commissionrs of Charles Countie
                And Whereupon the said Thomas Complaineth agt the said Hum-
              phrey for tht tht is to say That the said Humphrey is Attorney of
              Philip Bisse, & for tht the said Philip at or upon the 7th Day of
              Aprill 1668 forcible entrie did make into a tobaccoe house of the
              Plaintifes and there did take and Carrie away a hogshead of
              tobaccoe containing three hundred Seaventie eight pounds of to-
              baccoe pretending orders from Daniel Johnson to whom the Plain-
              tife was at tht time indebted in the like quantitie but soe it is tht
        [p. 269]   indeed the said Philip could Shew noe order or Note from the said
              Daniel for his receaving of the same, but took away the same as
              aforesaid Notwithstanding the Plaintife forewarned him from doing
              the same Whereupon he Saith he is the worse f or the Summe of
              1000 lb of tobaccoe and thereupon brings his suite.

                The Defendt Craveth an Imparlance to the next Court alleadging
              tht at present he hath not all his witnesses readie, & the same was
              graunted

                Thereupon the Plaintife Subpaenad Daniel Johnson and Hugh
              Cavenagh in open Court and requested tht their Depositions might
              be presently taken
                Daniel Johnson Sworne in open Court saith That he Denieth
              Positivelie That ever he gave order to the said Philip Bisse to
              receave the said sume of tobaccoe mentioned in the Declaracon, of
              the Plaintife & further saith not.
                Hugh Cavenagh Between one and twentie and two and twentie
              yeares of age and Sworne in open Court Saith That Mr Bisse came
              to Mr Bakers about the 17th of Aprill and demanded a hogshead of
              tobaccoe in Daniel Johnsons name and the said Mr Baker asking him
              Whether he had a Note from the said Daniel for the same replied
              tht he had whereupon the said Bisse weighed the tobaccoe and
              Marked it, and afterwards Mr Baker demanding of him the note tht
              he had from the said Daniel the said Bisse replied he had noe orders
              but by word of mouth from the said Daniel but he would Warrant
              tht Daniel Johnson should own what he had done And this Deponent
              further Saith That afterwards Mr Bisse Coming to Mr Bakers, and
              Mr Baker desireing him to make an end between him and Daniel