Charles County Court Proceedings, 1674.  609

    the sd Richard & Contrary to the peace of the Right Honbl the Ld Liber F
    Proprietary, whereupon the said Richard saith hee is damnifled &
    hath lost to the value of nine hundred pounds of tobacco & thereupon
    hee bringeth his suite
      And the sd Robert Tote Defendt by his Atturney John Jones
    comes & defends the force & injury, & saith hee is not gilty in such
    manner & forme as is within exprest & putts himselfe upon the
    Countrey
      Whereupon the plaintife Richard Dod desires these evidences to
    be sworne
      Richard Morris aged about 38 yeares sworne & examined in open
    Court saith hee knowes not whose bull it is nor knowes not the
    marke & further saith not
      James Cox aged about 31 yeares sworne & examined in open
    Court saith that hee did see a bull killed at Robert Totes being
    marked on the Right ear with a Crop & three slitts in the Crop & one
    of the slitts allmost growne up, & a hole in the left eare with a
    peice taken out alimost at the root of the sd eare to the best of
    my Remembrance & the top of the sd eare being taken of, but whose
    bull it is I know not, & further this Deponent saith not
      Thomas Baker sworne & examined in open Court saith that about
    foure yeares agoe there was a small blacke pied bull used my pen,
    being marked with a Crop in the Right eare & three slitts in the
    Crop, & in the left ear a hole & two littles peices taken out of the
    underside of the eare like to a figure of three which is Richard
    Dods proper marke tht hee ownes, & a little while agoe I happened
    to be at Roberts Totes Richar Dod requested mee to Looke upon the
    eares of the sd Bull then killed, which eares to the best of my
    remembrance was marked with one Crop on the Right eare & three
    slitts in the Crop & one of them allmost grown up, & in the left
    eare on hole & a peice taken out of the sd eare almost at the root
    of the Eare, & the top of the eare taken of, but whether it was
    Richard Dods bull or not your Deponent knowes not & further
    saith not.
      Richard Roe sworne & examined in open Court on the behalfe of
    the Defendt saith, that Richard Dods people, John Kimborow &
    John Warder Did kill a blacke pied bull at Mr Cresseye's pen, & hee
    never knew any other tht Richard Dod had, & further saith not
      A jury being impannelled by the Sherife & the jury haveing heard
    the examination of the Wittnesses (viz) Thomas Corker foreman
    Robert Inglesby William Boyden James hay John Muñ Meverell
    Hulse Philip Browne George Taylor Thomas Witter Henry Barnes
    Francis Adames & John Wheeler which jury brought in this ensue- [p. 33]
    inge verdict.
      Wee find for the Defendant, that there is noe Cause of action, with
    Cost of suite.
        42