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March y 11th 1691/2 ( 186 ) - - - - - - - - According to Law in that Case made and provided ________ - - - - James Sangster Clk Indtmts - Indictmt. being read, to which sd mr Jones pleaded not guilty. The matter being left to ye judgment of this Court, who having the Evidences Examined & Sworn; having Considered the matter doe Quah the Indictmt. Evid. sworn . were Margaret Sumers & Mary Armitadge ffrancis: Gunby Plt Somerset County Sc. mr. Thomas: Jones of this County Gent, was attached to agt } answer unto ffrancis: Gunby of the Same County Joyner in a plea of trespass mr Thomas: Jones. Dft upon the Case. _______ - - - - - - - - - - And whereupon the plt by James: Sangster his Attorney Comes and Sayes that in the year of our - Lord 1682: the plt had One black horse well known to be the plts by the name of Gunby on - the other side the Bay, which said Horse then and there runing. The said Thomas Jones Dft, did - then & there take up Sell and dispose of to mr Daniel: Clocker, at the price of three thousand pounds of tobacco. without the plts Order,knowledge Consent or privity, and the plt likewise declareth that the said Jones at his return to this County, the Same did Craftily and Cuningly Conceal from the plts knowledge about the space of nine years, whereby it is apparent that the sd dft did fraudulently and Craftily intend the plt to deceive, and him defraud of both horse and price by the dft imposed, which in reality was an under rate formerly proffered the plt for the said horse. The plt likewise declareth that the premises Considered (viz) that the dft. never had Order either written or verball to dispose of the said horse. his Concealing the Same So long, and his late denyal Satisfaction to the plt, imparts the great abuse and damage of the plt. to the value of Six thousand pounds of tobacco, and there upon brings this Suit ____ Ja. Sangster pr Que pled de prsois: { Jno. Doe Rich. Roe. } The Dfendt. Saith he is not guilty as by the Decl is averred and puts himself upon the Country Edward: Jones The plt also } Attorneys Decl. read issue joynd &ca James: Sangster - - - - - ____ - - - - - - - - - - - - - - - - Whereupon Comand was given to the Sheriffe to bring here Twelve good and Lawfull men of his Balywick that the matter in hand might be the better understood, a List Jurors: Names Viz or pannel whereof are returned as appears upon the left hand being legally Sumoned Henry: Hall . - - - - - returned and Sworn upon the holy Evangelists having heard the foresd Declaration & Walter: Talbott. - - pleas also those following precepts. or papers read. receives their Charge & are Sent forth in Edward: Evins - - Order to return their verdict: ______ Then was these following lines read in Court Jno. Colhoone. - - - mr Jones Sr/ These are to lett yw understand that I was at yr house, & yw was not at home Wm: Porter - - - - Sr/ this was the business with yw, to know what business yw had for to Sell a horse Roger. Burkum . - - - of mine, which was on the other side of the Bay without my Order. I would desire James: Ingram. - - - - yw to leave the answer with the Bearer hereof, what yw mean to do about it Jos: Bainton. - - - - - John: Browne - - - - Tho: Tull - - - - - - - - Tho: Smith - - - - - - Robert: Polke - - - - |
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Somerset County Judicial Records, 1691-1692
| Volume 405, Page 186 View pdf image (33K) |
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