Charles County Court Proceedings, 1668—16 70.    233

      The Said philip Complaineth against the Said Daniel for that Liber D
    whereas the Said philip made a Crop of Tobaccoe on the plantacon
    of Mathias obrian at Matawoman in Charles County and the Said
    philip his occasions causing his absence for a certain time, did
    desire the Said Daniel to Strike the Said Crop & he the Said
    philip would Satisfy the Said Daniel for Strikeing the Said Crop of
    Tobacco Now the Said Daniel hath Stroke the Said Crop and
    Converted it to his owne use by paying of it away in Satisfaccon
    of his the Said Daniels owne debts & dues and doth refuse to render
    an accot of the Said Crop of Tobacco, to the Said philip or any
    wise to Satisfy him for the Same though often thereto required to
    the great damage of him the Said philip, whereupon he Saith he is
    damnified & hath loss to the vallew of 3000 lb Tobaccoe & thereupon
    he bringeth his Suite.

      whereupon the defts Atturney Richard Boughton did Alledge on
    the behalfe of the Deft that the Said Defendant had bought the
    Said Crop of Tobaccoe of the plaintiff & had Satisfied him for the
    Same & for the proofe of this his allegation had Summoned three
    Evidences which were accordingly called & Sworne.
      John Loyle aged twenty yeares or thereabouts Sworne & Ex- [p. 119]
    amined in open Court Saith: That he heard Daniel Mathena Say he
    had bought philip Cary's Crop & that philip Cary came to his
    master (mathias Obrians) house, & they went into the tobaccoe house
    together: and further Saith not.
      Charles woolley aged 25 yeares or thereabouts Sworne & Ex-
    amined in open Court Saith: that he went into the Tobaccoe house
    with mathias obrian & that philip Cary Shewed Daniel Mathena his
    Tobaccoe & further Saith not
      Mathias Obrian aged forty Six yeares or thereabouts Sworne &
    Examined in open Court Saith That philip Cary & Daniel Mathena
    coming to his house philip Cary went immediately into the To-
    baccoe house & Shewed Daniel Mathena the tobaccoe & Said to him
    pay my Countryman (meaning him the Said Mathias) and further
    Saith not.
      Whereupon the Court not finding these Evidences of any vallidity
    to prove the Sale of the Said Crop as by the Said Daniel Mathena
    pretended gave their judgement as foll viz: That the Said Daniel
    Mathena Should give an accot of the Said Crop of tobaccoe to the
    Atturney of the Said philip Cary in Case the Sd philip Cary Should
    not be present himselfe.

      Nicholas Emanson Plt Came & appeared to prosecute his Suite
    Comenced against Elizabeth Hasell in an accon of trespasse on the
    Case.
      Elizabeth Hasell likewise appeared to defend the Said Suite
    Comenced against her by nicholas Emanson as aforesaid & Entereth