234        Provincial Court Proceedings, 1682.

     Liber W. C. Henry Mitchells Plantacon in this County did pay and Deliver
                 unto him the said Walter Davis One hogshd of Tobacco Containing
                 Neate the abovesaid Sume of ffoure hundred and foure pounds wth
                 the said Henry Mitchell did then owe unto the said Walter Davis
                 Notwithstanding wch the said Henry Mitchell hath since disposed
                 of and made use of the aforesaid hogshead of Tobacco and hath
                 altogether refused to repay the said sume of foure hundred and
                 foure pounds of Tobacco and Caske unto the said Walter Davis
                 though often thereunto required And as yet doth utterly denye
                 and refuse to make any Kind of satisfaction for the same Where.
                 upon the said Walter Davis sayth he is Damnifyed and hath Losse
                 to the vallue of Twelve hundred pounds of Tobacco And thereupon
                 he brings his suite
                                                  Pattison p quer
                   Mr William Dorrington goeing away and there not being Comis
                 sionrs to try this Cause Itt was referred untill the next Court to be
                 held the first Tuesday in September then next Ensueing
                  Att a County Court held for the said County of Dorchestr
                 September the Eigh Annoq Doni: 1680:


                 Henry Mitchell And the said Henry Mitchell by Thomas Jones his
                    ursus Attorney comes and defends the force and injury
              Walter Davis  when &c And for plea sayth that he the said Henry
                            nor noe person by his appointment hath not at any
                 time disposed of nor niade use of the said hhd of Tobacco as by
                 the Declaracon he is charged and this he is ready to averre and
                 Prayes Judgment of the Court whether the said Walter his accon
                 ought to have &c The Court Orders a Jury
                   Therefore comand was given to the sheriffe that he Cause to
                 come here Twelve &c. to whome &c. and who neither &c. to Recog
                 nize &c because aswell &c.
                            (Juryes Names)
                 Edward Cooke Symon Richison
                 John Salisbury Wm Tregoe
                 Thomas Walker Thomas Newton
                                 Stephen Sealous  Anthony Thompson
                 Wm Bird                            Addam Moxon
                                 Wm Walker    Thomas ifiowers
         p. 586 The Deposition of Benjamin Priestly aged thirty yeares Sworne
                 Sayth that sometime in May 1679 he did write a noate directed
                 from Walter Davis to Symon Hubbard as he Remembreth to pay
                 one hogshd of Tobacco to a Seaman formerly received by the said
                 Davis at James Point, as your Deponent thinkes Davis told him
                 it was received from Mr Henry Mitchell, wch noate was directed
                 unto the said Hubbard to pay the Said hogshd as abovesaid and