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( 73 ) March 11th. 1690/1 John: Kellam. Plt. Somerset County Ss. Henry: Hudson Junior was attached to contra. answer unto John: Kellam of a plea of trespass upon the Case &c. Henry: Hudson. Deft And whereupon the said John: by Peter. Dent his Attorney saith - - - - - - - - - - - that the said Henry the 10th. day of May in the year of our Lord 1690 at Pocomoke within the Jurisdiction of this Court, a Certain peice of Land of belonging to him the sd John. the said Henry did enter into, and Severall trees did fall and Cutt, and a Certain path way leading to the landing of him the said John. did stopp up and made impassable, and other harms to him did, where upon the said John saith he is worse and hath damage to the value of 1600 Pounds of tobacco and there of he brings his suit &c. Dent. Plegs &c.. John: Doe Rich: Roe Plea. Without the Jurisdiction of our Court and referrs him Self to the Acts of Assembly and your worships Comission. // James: Sangster. The Court having Considered the aforesd proceedings (viz pertaining to Land) doe find that the action brought agt the sd Hudson, is not in their power to try & determine Non Sute Ordered. that no person shall take up any paper or writing from of the Courts table, that doth any way pertain to the Clerk, after once given into the Clerks Custody, for upon the twelvth day of ffebruary last past, being upon a Second tryall against mr. Walter:Lane of this County in Order to which sd tryall the sd Jenckins produced two depositions to prove the sd Lane Execcutor, which sd Depositions was the sd 12th. day read in Court; And this day (viz) the eleaventh of March following the sd Jenckins being upon the same aforesd 2d tryall agt the sd Lane; Ordered the Clerk to produce the aforesd two depositions, the sd Clerk of the Court not finding them upon Record, at that time, for want of which the sd Jenckins tryall (with some other reasons) was Suspended. vid: Depos. fo: 75 This Court adjourns for half an hour. After which the sd mr. ffrancis Jenckins. with mr Samuel: Hopkins and Capt. John. King repairs into Court, the sd Jenckins being dissatisfied about the sd two depositions. the Clerk told the sd Jenckins, that he was perswaded, that mr Peter: Dent had taken them Clandestinely away the last Court, and that if the sd Dents bagg was Searcht they might be found therein; the sd Dent being in presence it was by the aforesd Justices required that he would examine his papers in his bag but the sd Dent affirmed that he had no Such depositions, for he was certain he had given them to the Clerk, (yet then upon foresd request did search his sd bag (in which) was found the two sd depositions, which the sd Dent Severall times offered to make Oath that he had them not; the Court then being calld the sd West wch. was then Clerk deputed, requested their worps that an Order might be made that no person whatever should take up any papers from of the Court table &c. verte |
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Somerset County Judicial Records, 1690-1691
| Volume 191, Page 73 View pdf image (33K) |
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