262 MARYLAND COURT OF APPEALS

M^r Stephen Warman being Sworne on the Holy Evangelists of Almighty
God To the 7^th Article in the Interrogatory mentioned Saith That about the
year 1711 M^r Gresham the Comp" Sent to him this Dep^t being then under
Sherr to draw a List of Debts then due to the Said Complainant as Sherr in
Herring Creek hundred where he this Deponent then Served as under Sherr
and to Send it to said Complt which s^d Comp" acquainted this Dep^t by his
Letter was intended to pay of the Def^t and as to the persons names in Said
List he believes them to be the Same in the List now produced, and being
askt whether he demanded the D^ts of the persons mentioned in the list and
to know their answers Saith That some time after the List given the De-
ponent being at the Defendants he the said Defendan^t talkt Some thing with
this Deponent Concerning his taking the D^ts due from Nehemiah Birckhead
and Richard Bond to himself Said Deft Said if they wou'd Bills of Exch^a he
wou'd take them D^ta as pay from the Comp" but this Deponent Saith the said
Nehemiah Birckhead being one of the people called Quakers and making
a Scruple of Conscience to pay any parish dues) refused to give any Bills or
to pay the said Tobacco without being put in execution for such part that
was the Parish dues, And he this deponent further Saith that it has been
usual for to execute the people Called Quakers or their effects for parish
dues, and that he this Dep^t had authority So to do, And further Saith that
[403] he has often heard Said Complainants Say that he was Very willing
and ready to pay the Defendant his demands And likewise heard him Say
that the defendant never was pressing for his Tobacco untill the usuall time
for paying Tobacco was over and that he has often heard the defendant Say
that he thought the Complainant us'd him Very hardly for that he never
paid nor offer'd to pay him any Tobacco untill every Body else was Served,
and the s^d def^t further Saith that he does not know any order drawn by the
Defendant on the Complainant while this Deponent was under Sherriff but
what was paid And being askt by the Defendant whether he does not remem-
ber that he was desir'd to take bills of Exch^a or Writings obligatory for the
Tobacco if he could not get the Tobo it Self Saith that he remembers (tobo
time as he believes being over) the Said Defendant was willing to take bills
of Exch^a or their obligations for the said Debts, but whether for money or
Tobacco cannot Justly charge his Memory, And being likewise askt by the
Defendant whether he remembers that ever the said Defendant refused to
take any tobacco that was ordered by the s^d Complt to be paid him, or
whether he ever knew the s^d Comp^ll tender'd him any Tobacco Saith he
does not know any refusal of the Defendant nor of any Tobacco tender'd
him by the Comp^ll And further Saith not

M^r Thomas Reynolds on part of the Comp" being first Sworne on the
Holy Evangelists of Almighty God to make Answer to the Several Interroga-
tories hereunto Annext
To the 2^d Saith That the Compl^t became Sherr of Ann" County (after