272 MARYLAND COURT OF APPEALS

M^r William Nicholson being Sworne (on the part of the Defend^t) Saith
that about the year 1711 the Defend^t drew an order upon the Compl^t to pay
the Dep^t 1800^lb Tob^o that the Dep^t Sent his Receiver Edward Burges for to
get s^d Tob^o of the Said Compl^t, who told this dep^t he had markt 2 hhd⁸ at the
house of the Wid^o Hammond on Acc^t of the Said Order, And the Said Burges
told him this Dep^t Soon after that the Said Sherriff had retaken the Said
Tob^o and Scratcht out the Mark And this Dep^t further Saith that the greatest
part of the said Tob^o was not paid that year, that to the best of his this De-
ponants knowledge he did his Endeavour to Gett Said Tob^o but Could not,
and that he Endeavour'd to get the Same in Tob^o Season And being further
askt whether the Defendant had not often Communication w^th him this
Dep^t about Selling him this Defend^t tob^o in the Sheriffs hands and whether
he has not often Refus'd to allow him so much for Tob^o in the Said Compl^ts
hands as he would for Tob^o in Other peoples hands Saith he beleives the
Def^t has often had Communication w^th him ab^l Selling Tob^o in the Complt^s
hands and that he this Dep^t was not desirous to purchase any Tob^o in the
Comp!^ts hands for that he found a great deal of Trouble in receiving thereof
and that he this Dep^t has often Refused to allow him so much for Tob^o in
the Compl^ts hands as he would for Tob^o in other Sherriffs hands of this
County. And this Dep^t further Saith that he makes a difference between
publick and planters tob^o preferring always the planters tob^o. And the Dep*
further Saith that he has often offer'd to allow the Def^t mor[e] for Tob^o in
hhd⁸ if he the Defend^t wou'd Shew it him then for an order for Tob^o in the
Sheriffs hands. And the Said Deponant being further Askt by the Compl^t
by whose order the Said Edw^d Burges as his receiver markt the two hhds as
afd saith that he Desired the Said Burges to receive his Tob^o from the Said
Sheriff but does not know that the Sheriff gave him any particular Order to
mark the Said 2 hhd^s And further Saith not

[417] M^r Thomas Gassaway being Sworne (on the Part of the Defend^t) on
the holy Evangelists Saith That he heard M^r Samuel Chambers this day and
dureing the Execution of the Commission in this Cause Say that M^r Brice
Said Some time after he had bought a note for Tob^o of Said Chambers and
Cap^t Jones that the Compl^t wou'd not pay him any Tob^o untill the Said
Note was Satisfy'd And the Said Compl^t being by, Said he own'd it. And the
Dep^t being askt if ever he hear'd the Defend^t make the Compl^t any offers in
relation to the Controversy betwixt them, Saith that he this Dep^t was by and
hear'd the Defend^t tell the Compl^t if he would give him one hundred pounds
he would put an End to the Same but whether Sterl or Currency he Cant
remember, And after Such Refusall made the Def^t told the Compl^t that it
would not be lesse then \$£ would Excuse him. Since he had refus'd his
offer And this Dep^t further Saith that he hapening to be at the Gov™ the
Compl^t and Def^t were both there where there was some orders made to Ac-
comodite the Said Matter that the Compl^t offer'd the Def^t 50^ and the Def^t