288  Provincial Court Proceedings, 1674.






         Liber M M  horse at Mr Ascombs in the month of December 1670 the said horse
                 was conveyed away thence out of the Knowledge of the said John
                 Balley untill that about the month of July 1671 the said horse was
                 found and Knowne to be in the possession of John Russell who was
                 runing races with him at the Clifts in Calvert County aforesaid and
                 had given him the name of Prince Morris and although the said
                 John Russell did Know the horse to be the proper horse of the said
                 John Bailey and unto him to belong Neverthelesse the said John
                 Russell deviseing and fraudulently intending the said John Bailey
                 did refuse to restore the said horse although he the said John Rus
                 sell was upon the first day of September 1671 and divers times since
                 thereunto required but did at that time and ever since convert and
                 dispose of the said horse to his Owne proper use whereby the said
                 Bailey is dampnified and hath losse to the value of six thousand
                 pounds of tobacco and thereupon he brings his Suite
                  And the Said John Russell by George Parker his Attorny doth
                 Come and defend the force and injury when &c and saith he is not
                 guilty of the trover and conversion in manner and forme as the plt
                 above in his declaration hath declared and of this he putts himselfe
                 upon the Country and the said John Bailey likewise therefore
                 Comand is given to the Sheriff of St Maries County that he cause
                 to come here twelve &c by whom &c because aswell &c to recognize &c.
             p.  212 At which day to witt the fourtenth day of May in the 42th yeare
                 of the Dominion of Caecilius &c Came as well the said John Bailey
                 by Robert Rigdeiy his Attorny as the said John Russell by George
                 Parker his Attorny and the jurors of that jury likewise came to witt
                 William Claw, George Charlsworth, Joseph Hackney John Smal
                 peece Richard Whitty Henry Rider, Richard Ridgeil, John Rawlins
                 Thomas Baile Abraham Rhodes William Baker and John Cheyney
                 who to Say the truth in the premisses being Summoned impannelied
                 and sworne Upon their Oathes due say they find for the plaintiff two
                 thousand five hundred pounds of tobacco with costs of Suite
                  Therefore it is Considered by the Court here that the said John
                 Bailey recover against the said John Russell the Suffie of two thou
                 sand five hundred pounds of tobacco and also the Summe of One
                 thousand seven hundred ninety five pounds of tobacco for his costs
                 and charges in this behalfe laid Out and expended.

                 Richard Covell & Thomas Groves Henry Mitchell late of Calvert
                          agt          County otherwise called Henry
                       Henry MitchellMitchell of Calvert County in the
                         Province of Maryland Gent was
                                       Sumöned to answer unto Rich
                                       ard Covell and Thomas Groves
                                       of a plea that he render unto
                                       them nine thousand One hun-