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( 99 ) June 10th. 1691 - - - - - - - Their Maties Somerset County Ssc. Contra The Jurors for their Maties being sworn upon the holy Evangelists at a Grand Jury Walter: Taylor held for the body of this County the second tuesday in March last past do present and find yt - - - - - - - - - that Walter Taylor of this County sawyer upon a bargain and saile of twelve Cutts of Cypress Timber to mr. Samuel: Hopkins of this County Gent. for and in Consideration of 22 pnds of linnen and in Complyance with the said agreement the said mr Samuel: Hopkins, did send one Adam:Spence, and Samuel. Hopkins Junior to receive the said Cutts Now the said Walter: Taylor not regarding the agreement nor fearing the punishment by law inflicted upon fraudulent cheaters, did send 76: pieces of Cypress timber, avouching and averring, avouching them to be nine 2 cutts of the twelve agreed for, whereas upon view, and upon Oath, there is not of the alleadged nine 2 passing three Cutts, the said Walter having fraudulently and cunningly cheated the sd mr Samuel: Hopkins, by mauling the sd Cutts some into 16: quarters or pieces others into 32: pieces, and the rest into more, and delivered for nine 2 cutts of the 12: only y 6: pieces instead of 8: quarters to the cutt to the said mr. Samuel: Hopkins. Now their Maties Attorney comes and sayes, that the sd Walter Taylor hath not only cheated and cunningly and cossened the said mr. Samuel: Hopkins of six cutts of the nine 2 by him averred to be dilivered, but in like manner to cheat and cozen of the remainder, that is due of the twelve endeavoured, and that the said Walter hath made his practice to cozen and cheat others in the same manner and kind. To the great injry, damage & losse of their Maties good people, of and agt the Laws and institutions of this Province, and therefore craves judgment may be entered agt the sd Walter for this his great and abominable fact according to law in that Case made and provided. - - - - - - - - James: Sangster. Clk. Indts To which Indictment the sd Walter Taylor pleaded not guilty and for tryall put himself upon y Country. And therefore Command was given to the sheriffe of this County to Summon twelve good and lawfull men of his vicenage that the matter might be the better understood. a List or pannel whereof are returned as followeth. viz) Jno. Emmet Wm: Denson. Miles: Gray. Edward: Ennis. Henry: Hudson: Senr: Thomas: Tull. James: Langrell. Aaron: Bishop Samuel: Shewall. Robert: Poke. John: Porter. Thomas: Hobbs. who being called over by their names, were duely Sworn upon the holy Evangelists, who attends at the Barr to hear the aforesd Indictmt. the Evidences and Depositions hereafter following. The Deposition of Adam: Spence Aged about 29 years. this Deponent Saith that the 74: pieces. improperly called quarters. of Cypres Timber now in the Plantation of Samuel: Hopkins Senior, and was viewed by mr Turvile. John: Smock. John: Kellam. Thomas: Morris. & John: Tarr is the very self same timber that was dilivered, by Samuel: Marchment. to my Self and Samuel: Hopkins Junior, who was Sent by Saml. Hopkins Senior. to fetch 12 Cutts of Cypress timber from Walter: Taylor. And the sd Deponent further saith that the sd 74: pieces of Cypress and two pieces more was dilivered for 9:Cutts & 2 as the sd Marchment declared. And yt there was 2 Cutts & 2 remaining behind. and that the Deponent. Challenged the sd Marchment for dilivering of harts or heart pieces who replyed that they were the best quarters, which sd hearts ar now visable to be seen amongst the rest of the said Timber, this the Deponent Saith to the best of his knowled and further saith not .- - - - - Adam: Spence. sworn to pr Adam The Deposition of Samuel: Hopkins Junior. Aged 21. years, on their maties behalfe agt Walter Taylor in Court this Deponent Saith that to his certain knowledge, the 74: pieces impropperly called quarters of Cypress timber now in the plantation Deponents ffathers Plantation, and that hath been viewed by mr Hammond and his sonn John. William Richardson. Wm Turvile. John: Smock. Thomas: Morris. John: Kellam: John: Tarr. is one and the self same Timber which was delivered to the Deponent and Adam: Spence, with two pieces more which is 76: pieces for nine Cutts and one half of timber by Samuel: Marchment And this Deponent further saith that their is severall small pieces amongst them the said. verte |
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Somerset County Judicial Records, 1690-1691
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