260 MARYLAND COURT OF APPEALS

John Gresham Gent Complt v Tho^s Bordley Esq^r Defendant

In Chancery

By Vertue of a Commission Issued out of the High Court of Chancery
for the Province of Maryland Dated Jan^ry the 25^th Anno Dom 1717 Directed
to us the Subscribers Impowering us or any two or three of us to examine all
Such Evidences as Should be named by either the Complainant or Defendant

Wee do hereby Certifye that on the 15^th day of February Anno Dom
1717 Wee met at the house of M^rs Mary Dodd in the City of Annapolis to
proceed on the examination of Such Evidences as should be produced by
either Complainant or Defendant (at which time the s^a Complainant and
Deft were present) [400] The Examination of which Evidences and their
Depositions thereon follow in these Words ss

The Deposition of the Reverend M^r Jacob Henderson (on the part of
the Complt) to the 8^th and 9^th Articles mention'd in the Interrogatories
hereunto annext who being first Sworne on the Holy Evangelists as to the
8^th Inter of what he heard or Does believe of the Complainants and Defend-
ants having Settled accounts togeather of tobo reed by the Complt or com-
itted to his care as Sher by the Defendant in the years he Saith he knows
nothing of ——— Save that the Complt told him that the Ball" due from him to
the Defendant was about two thousand Six hundred pounds of tobacco.
And what he this Defendant knew heard or believed, prevented their Selling
accounts, Saith, That he believes obstinacy on both Sides was the occasion,
And of the Complts not paying the Ball", Sayth that he heard the Complt
Say the reason was Because the Defendant would not receive the same and
that the reason the Defendant refused to accept thereof was that the Said
Defendant thought there was a Larger Ball^a due to him Did this Defendant
go at any and what time and in what month and year between the Said parties
with Messages relating to Such accounts what was the Substance of the
Messages or any of them from the Defendant to the Complt and what answer
had he from the Complt to all or any of the said Messages. Saith — That
to the best of his remembrance in the Months of June or July in the year
1714, by request of his Excellency the Gov^r to use his best endeavours to
compose the Difference between the Complt and defendant he this De-
ponent went to the Deft and acquainted him of the Governours desire to
have Such Difference that was between him and the Complt Composed, and
offer'd his Service and told him that if they would referr it to him he did
not doubt, but he could remove the Differences to which the Defendant Said
he agreed and would referr it to the Deponent upon which the Deponent
went to the Complt and used his Endeavours with him to remove the Said
differences and told him the Same as he did the Defendant. To which the
Complt would not then agree (of which the Deponent acquainted the De-
fendant) and as he the Complainant either told this deponent then or after-