270 MARYLAND COURT OF APPEALS

M^r Thomas Wells being first Sworne on the holy Evangilists of'Al-
mighty God (on part of the Defend^t) to true answer make to all Such Ques-
tions as Should be Askt him by the Defend^t or Compl^t in Relation to this
Cause on the part of the Defendant: Saith that he haveing past his bond:
Joyntly w^th one Henry Robinson to the Compl^t for 7264^lb tob^o penalty in the
year 1707 and in order to Comply w^th Said Debt Came up to Annapolis in
Feb^ry 1714 and went to the Defend'³ to buy Such a Q^ty of Tob^o from him in
order to Discharge Said Debt and this Dep^t and the Def^t being in discourse
about it the Said Defendant Said he would give him this Dep^t an order that
would be accepted and accordly Gave him an order for the Sume of 2450*^o
tob^o on M^r Thomas Gassaway, w^ch order this Dep^t Carried to the Complt in
Order to have it Excepted toward discharge of the Debt afd and Askt the Said
Complt if that wou'd do who for some reasons (w^ch the [414] Dep^t does not
Remember) refus'd to accept it and thereupon this Dep^t askt the Compl^t if
an order on himself wou'd be Satisfaction to him So farr as to Deliver the
Dep^t up his bonds w^ch he Seem'd to make a Scruple of and Said that an order
upon the New Sheriff being Thomas Reynolds wou'd do whereupon he this
Dep^t went to the Defend^ts and Got an order on the Said Reynolds for S^a
Summe and delivered it to the Compl^t upon w^cn he had his bond Delivered
up to him. And being Askt by the Compl^t at what time the principall
Summe Mentioned in the bond afd was to be paid Saith on the 20^th day of
Sept^r 1713 and what Quality the Said Tob^o was to be of Saith Good Sound
bright Merchantable Leaf Tob^o and Cask to Contain the Same Convenient
in Ann Arundell County and whether he did not promise to pay Said Tob^o
on his this Deponants plant" Saith that he Said if the Compl^t wou'd take one
half of Said Tob^o the first year and the Other half the next year he wou'd.
And being Askt if he remembers that the Sume mentioned in List here pro-
duced was ever demanded of him he Saith he does not know that ever
it was. And being further Askt by the Def^t if the note given him this
Dep* on M^r Tho^s Reynolds mentioned Such Tob^o as the afd bond does
Saith it did not for that it was a note for Generall Tob^o. And further Saith
not.

M^r Thomas Worthington being Sworne on the holy Evangelists (on
the part of the Def^t) to true answer make to all Such Questions as shall be
Askt by Compl^t or Defend^t, and being askt by the Def^t whether he knows
that M^r Brice in the year 1709 bought any Tob^o of the Said Defendant Saith
Yes and that he beleives the receipt wrote upon the back of the Note pro-
duced N^o A is the proper hand Writeing of the Said John Brice, and being
further Askt whether he Remembers what the Said Brice Gave the Defend^t
for Said Tob^o Saith That he remembers the agreem^t was to Give io^s per
hundred bills of Exch^a for what he reed, And this Dep^t further Saith he re-
members the Said Brice bought two hhd^s of Tob^o of the Def^t in the hands of
Francis Hardisty about the Same time; for w^ch he gave the Defendant 11"