Provincial Court Proceedings, 1678/9. 111

Attorneys aforesaid And the said Hugh by his said Attorney saith,
that he is not guilty of the trover & Conversion in manner & forme
as the said James hath above declared against him, & of this he putts
himselfe upon the Countrey And the said James likewise There-
fore itt is Comanded the Sheriffe of S^t Maryes County that he cause
to come here twelve &c by whom &c and who neither &c to Recognize
&c because as well &c Att which said fourteenth day of March in
the yeare aforesaid cometh as well the said plaintiffe as the said
Defend^t by their Attorneys aforesaid And the jurors impannelled
being called likewise come to witt Gilbert Turbervile, Leonard Green,
Stephen Murty, W^m Thomas, W^m Watson, Thomas Jones, John
Glover, Robert Bryan, George Godfrey, Theophilus Turford, Ed-
ward Turner & Dauid Driver who being Elected tryed & sworne to
say the truth in the p^rmisses upon their Oaths doe say that the said
Hugh Merrykin is guilty of the trover & Conversion in manner &
forme as the said James hath above declared against him Therefore
itt is considered that the said James Rigby Exec^r as aforesaid recover
against the said Hugh Merrykin his damages sustained by occasion
of the premisses But because itt is not known to the Court here what
darnages the aforesaid James Rigby Executo^r of the last Will and
Testament of the aforesaid William Drury hath sustained by occa-
sion thereof Itt is ordered that a writt of Inquiry of darnages issue
returnable att the next Provinc^ll Court

Liber N N

Henry Darnall

ag^t
John Anderson

Unlesse the Defend^t appeare next Provinciall Court,
the Sheriffe of Som^rsett County amerced.

Costs allowed Wittnesses
Allowed to Robert Blinkhorne of Calvert County for comeing
going & attendance to testifie for Roger Baker ag^t Margaret Gittings
Ex^x of John Gittings in all fourteen dayes att thirty pounds of
tobacco p diem foure hundred & twenty pounds of tobacco

Allowed to W^m Smith of Calvert County for comeing going and
attendance to testifie for Henry Mitchell att the suite of John Markes
in all Eighteen dayes att thirty pounds of tobacco p day ffiue hun-
dred & forty pounds of tobacco

Allowed to John Bird of Ann Arundell County for comeing going
& attendance to testifie for Thomas Bland against Robert Proctor
in all Seventeen dayes att thirty pounds of tobacco p day ffiue hun-
dred & tenn pounds of tobacco

Allowed to James Morris of S^t Maryes County for comeing goe-
ing & attendance to testifie for Thomas Carvile Adm^r of Robert

p. 776