NOVEMBER, 1696 COURT 83

And now here att this day Came the Said Thomas Palmer by his Attorney
aforesaid and defendeth the aforesaid force and Injury when etc. And Saith
that the Said Thomas Palmer did not Assume in manner and forme as the
plantiffe in his Decleration aforesaid doth Complaine and of this he putts him-
selfe upon the Court. Thomas Hughes:

And the plantiffe alsoe. William Stone.

Whereupon as well the Said John Smith as the Said Thomas Palmer by and
at their Consent and request are Admitted here to produce their wittneses re-
spectively for Information of the Court in the premises According to the Costom
of this Court here used and Approved and now here att this day the wittneses
on each part Respectivly being produced Sworne heard and Examined And the
truth of the matter in Controversie between the parties aforesaid by the Court
here being heard understood and Maturely deliberated It is thereupon Con-
sidered that the Said John Smith Recover against the Said Thomas Palmer his
Damages by Occation of the premises the Said Sume of four hundred lbs. of
tobaccoe aforesaid as alsoe the Sume of nine hundred fifty two pounds of
tobaccoe to the Said John Smith [77] Att his Request for his Cost and
Charges in this behalfe Expended by the Court here Adjudged and the Said
Thomas Palmer in mercy etc.

Allexander Willson plantiffe: Thomas Palmer Defendant.

Prince Georges County Ss. Thomas Palmer Late of Prince Georges County
planter was Atteched to Answer unto Allexander Willson of a plea of tresspass
upon the Case etc.

And whereupon the Said Allexander by Joshua Cecell his Attorney Com-
playneth that whereas the Said Thomas the 23d day of January in the year of
our Lord 1695 [1696] Att Charles Towne within the Jurisdiction of this Court
was Indebted unto the Said Allexander in the Sume of four hundred pounds of
tobaccoe being Soe much tobaccoe that he the Said Thomas did Oblidge him-
selfe to pay to the Said Allexander upon the Account of One John Christenson
being Soe much tobaccoe that he the Said Christenson before that time was
indebted unto the Said Allexander as by a note Subscribed with the proper
hand writeing of him the Said Thomas and here in Court produced Relation
being thereunto had may more at Large Appeare and the Said Thomas to the
Said Allexander in manner aforesaid being indebted in consideration thereof
did Assume upon himselfe and to the Said Allexander then and there Faithfully
promise that he the Said Thomas him the Said Allexander the Said Sume of
400 lbs. of tobaccoe to the Said Allexander when he Should bee thereunto
Requested would well and truly Content and pay Nevertheless the Said Thomas
his promise and Assumption So as aforesaid made Little Regarding but minding
and Fraudulently intending him the Said Allexander in this behalfe Craftily and
Subtilly to deceive and defraud he the Said Thomas him the Said Allexander
the Said Sume of 400 lbs. of tobaccoe or any part thereof According to his
promise and Assumption Soe as aforesaid made hath not paid Although the Said
Thomas by the Said Allexander Afterwards the day and place aforesaid was
often thereunto Requested but the Same to pay to the Said Allexander hath
hitherto Refused and Still doth Refuse to the Damage of the Said Allexander
of 800 lbs. of tobaccoe and thereof he bringeth his Suite etc.

Joshua Cecell. Pledges etc. John Doe, Richard Roe.

And the Said Thomas Palmer by William Stone his Attorney Cometh and
Defendeth the afores[aid] force and Injury when etc. and prayeth Lycence