6   Provincial Court Proceedings, 1671.




           Liber j j the prisoners to give Evidence, to the Jury what they could Say
             p. 483 therein who having Delivered the same.
                  The Court called to the prisoners to Speake for themselves which
                 they having severally done The Jury went from the barre to consult
                 upon their verdict
                  The Jury being agreed Retorne into Court again, and being called
                 by their names respectively answere thereunto, and the Clerke de
                 manding if they were agreed of their verdict, They answere yea.
                 Then the Clerke demanded who should Speake for them, and they
                 make answere their foreman.
                  The Prisoners being then called to the barre
                  The Clarke called to James Sail to hold up his hand, and spoke
                 to the Jurors to looke upon the prisoner.
                  And then Demanded of the Jurors if James Sail were guilty of the
                 petty Treason whereof he stands indicted or not Guilty.
                  The foreman answered (Guilty.)
                  Then the Clarke Demanded of the Jurors if John the Negro (whom
                 he called to, to hold up his hand) were guilty of the petty Treason
                 whereof he stands Indicted or not Guilty.
                  The foreman answered (Guilty.)
                  Then the Clerke called to Robert Speare to hold up his hand And
                 then Demanded of the Jurors if the said Robert Speare was guilty of
                 the petty Treason whereof he stands indicted or not Guilty.
                  The foreman answered Guilty
                  Then the Clarke Demanded what Goods & Chattells lands and
                 Tenemts they had at the time of the petty Treason Comitted or at
                 any time since to their Knowledge who Reply (none).
                  Then the Court Comanded the said John the Negro James Sall &
                 Robert Speare to be sett from the barre, and Tony the Negro to be
                 sett to the barre. and the Court having weighed the Evidence that
                 had beene against the aforesaid convicted pson, and the said Tony
                 the Negro standing indicted for the same crime. (though the said
                 Tony could Speake no English) yet put him upon his Tryall upon
                 the same Jury. who being Sworne as aforesaid, and hearing what
                 Evidence could be alledged against him went into the next Roome
                 to Consider of their verdict.
                  The Jurors retorning into the Court and being agreed upon their
                 verdict and being called by their names Respectively answere there-
                 unto and the Clerke Demanding of them if they were agreed of their
                 verdict they answered yea, Then the Clerke demanded who should
                 Speake for them, and they answering their foreman.
                  Tony the Negro being called to the barre & holding up his hand
                 The Clerke Demanded of the Jurors aforesaid if Tony the Negro
                 were guilty of the petty Treason whereof he stands indicted or not
                 guilty.
                  The foreman answered (not Guilty)