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9ber 15th: 1690 ( 6 ) - - - - - - - - - - - - Bill of Exceptions preferred. Beseeching ye Court to sign it First, although my Case very plain and honest yet manifestly very new and unusual being such as I conceive never happened in this Court before, It being not barely of single concern to my selfe if so sit were but a trivial matter, but so comprehensive as to take in the concerns of very many others of great consequence, who have drank deep of the Cypresse cupp as well as my self, which I will make suftitient appear in its season, besides some points touching matter of Law in my case yet to be argued, liberty for which was not afforded at my tryal. Secondly, As your worships may very well remember, much more than the major part of the small time expe =nded in my tryall your worps were very intent and busily discoursing other Subjects which apparently interrupted your thorow hearing and understanding of what was precented as plea against the plaintiff especially what was offered in writing as most proper and material, for the evincing proving and clearing of matters, I could not prevail to have one of my papers so much as once read, though Solicitously did Seek, pray, and urge it severall times, which (I begg your pardons) was clearly hard measure at the best (to be thus overruled) And yet I am veryly persuaded, not either premeditately nor designed: or wittingly done but sure I am it was, And I hope your worps will make me some amends for it. Thirdly, It was known, and observable, by many that were auditors (even to admiration) that ye Jury was dismist (emongst a noise and buz of he and he, discoursing of various Subjects, no wayes relating to my Case) without any other charge given them at all (either from the judge, or from any other of ye Justices (who are by law obliged to Supply any Slipps or omission in him) save barely and nakedly to bring in their Verdict as they should find just cause upon their deliberate, and through perusall of all the said papers given them in Custody or to that effect. Fourthly and just now comes the precipetant Jury in extream hast to deliver them selves of their verdict, well, right or wrong, they find for the plt: he must have 22 yards of linnen, let the deft go look his timber where he can find it, but for all that there might be eleaven good honest men of them, for ought I know, only a litle too too flexably disposed or inclined, (and so the more easily seduced or persuaded to Serve the twelv=th mans designs) this and a treacherous memory (very probably caused them quite to forget the charge given by the judge whereon to ground their verdict, for my chance they did not once think of peruseing the papers given them, as some by their own confessions hath declared but however they found a now foundation and that serv=d the turn to Salve that Sore, and all is well that ends well. Lastly, That a Jury who have emphetticall and perticular Instructions and directions given them in Sepere Charge from any judge whereon to ground their Verdict (the judge finding no other cause or reason for a foundation) shall either presumptuously, imprudently or Otherwise) give in a Verdict founded upon their own heads inconsistant with, and repugnant to the said charge) that Verdict must needs prove folo dece, a destroyer of it self and consequently erronious & illegal, and so to be deemed and adjudged. But the Jury in my Case brought in a Verdict as above said, therefore C erronious and illegal, and so to be deemed and adjudged. The Court Orders the bove sd to be Recorded Order likewise yt Execution be stopt till Janry Court and not to issue agt. sd Hopkins till then. |
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Somerset County Judicial Records, 1690-1691
| Volume 191, Page 6 View pdf image (33K) |
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