248 MARYLAND COURT OF APPEALS

the Said office this Def^t cou'd not conceive any other design or ends the Said
Gresham cou'd have by such proceedings except the drawing in this Defend^t
to allow of that ballance Soe far Short of his due And therefore this Defend^t
refused to Subscribe or allow of the Stateing the Ace^ts after that Manner but
gave for answer that whoever Tob^o the Said Gassaway Shou'd pay him on
the Said Greshams Acc^t this Defendant when paid wou'd give the Said
Gresham credit for and that this Defend^t Shou'd be ready to receive his Tob^o
from any that wou'd pay it him on Said Gresham's Acc^t or used Words to that
purpose that Soe litle Reason had this Def^t to Discharge the Said Gresham
on the Said Gassaway's acc^t And Soe far was Either the Said Gresham or
Gassaway from being ready to pay this Defend' his due that altho' the Said
Gresham well knew the Said Gassaway owed this Defend^t about Sixteen
thousand pounds of Tob^o in December Seventeen hundred and fourteen as
by a letter under the Said Greshams hand ready to be produced may appear
yet on the first day of february then next as this Defendant had heared and
beleives the Said Gresham refused to discount this Defend^ts note on Said
Gassaway for the paym^t of two thousand four hundred and fifty pounds [383]
of Tob^o to a Certain Tho^s Wells of Ann Arundell County Gent, who as this
Defendant beleives and hopes to prove owed the Said Gresham about that
Quantity and offered him the Said note w^th his Endorsem^t thereof as pay and
that the Said Gresham being then alsoe asked by Said Wells if he wou'd
discount this Defend^ts note on him the Said Gresham payable to the Said
Wells answered noe but that this Defend^ts note on Thomas Reynolds then
Sheriff for the Said Sume wou'd doe well enough or to that Effect That about
the last of Feb^ry or beginning of March that Same year this Defend^t appre-
hending by this usage that the Said Jn^o Gresham having the ordering of this
Defendants Tob^o in the Said Gassaways hands did not only design to keep
him out of that but of his own Debt alsoe on or about the twenty fifth day
of Feb^ry. Seventeen hundred and fourteen Assigned to a Certain John
Beard for this Defend^ts Use an order drawn by M^r Edward Butler as Rector
of S^t Ann's parish in Ann Arundell County payable to this Def^t or order
w^ch the Said Gassaway had Accepted or the Said Gresham for him about the
twenty first of Feb^ry Seventeen hundred and twelve and this Defendant pro-
cured the Said John Beard to demand payment thereof And hoped thereby
to have prevailed on the Said Gresham and Gassaway or one of them to have
condescended to let this Defend^t have part of w^t was due to him applyed to
his use; that this Defend^t Declares he took that Method to get five thousand
pounds of his Said Tob^o on purpose to make the paym^t of Tob^o Easye to the
Said Gassaway that year Tob^o being Scarce in the Country for that otherwise
if this Defend^t had Sued the Said Gassaway on his Acc^t it must have been on
his whole Acc^t w^ch this def^t thought might have been burthensome [384] to
the Said Gresham or Gassaway and might have Seemed rigorous in this
Defend^t tho this Defend^t was then Desirous to get his whole debt if either