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June Court 1762 140 And Against the peace of his Said Lordship that now is his Good Rule and Government &c. And the Said Bill of Indictment Containing in it the false and Malitious Matter before Recited the Said Ambro the day and Year first above Written to the Said Isaac Handy Esqr and others his Associates afd. in Court as afd. Judicially Sitting then and there Caused to be delivered which Said Bill the Said Justices then and there did Receive and the Same thereupon to the Jurors of the Grand Inquest for the Said County at the Court afd. on the holy Evangelist of Almighty God then and there Charged and Sworn then and there did Deliver to Inquire and the truth of and upon the Matter in the Same Bill Contained to present upon which the afd. Ambrose afterwards to witt the Same day and Year Last mentioned at the County afd. before the Same Court Sworn Gave in Evidence to the Jurors afd. that the false and Malitious Matter in the Said Bill Contained was true Whereas in truth that matter in the Said Bill Contained was false forged and Malitious and by the Said Ambros Malitiously Invented hatched Contrived And devised without any Just Cause by means whereof the Jurors after the Evidence afd. to them Given then and there Gave their Verdict and Answer of and Concerning the Bill of Indictment afd. that the Said Bill therein Contained was true by means whereof Command was Given to John Dennis Esqr then Sheriff of the Said County that he Should take the afd. John Donohoe if he Should be found in his bailywick and him Should Safe keep So that he might have his body before the Justices of the Said County at a Court by them to be held at Princes Ann Town in and for the County afd. the third Tuesday of then next Following to Answer the Charge in the Indictment afd. Against him Alledged at which third Tuesday of Came William Hayward Gent Attorney of the Right Honrble the Lord Propry who for the Same Lord Propry in that behalf Prosecuted also Came John Dennis Gent Sheriff afd. And there Returned that he had taken the afd. John Donohoe whose body he had then Ready to Answer the Said Charge and thereon the Said John Donohoe being under Custody of the Said Sheriff by means of the Caption afd. then and there being Charged and Asked if he was Guilty of the Premisses in the Said Indictment Specified or not for plea he Answered that he was not Guilty thereof and afterwards to wit the day and Year Last afd. at the County afd. of the false and Malitious Matters and things in the Said Indictment falsly malitiously and without Probable Cause in Manner afd. Against the Said John Donohoe Charged before the Said Court was in Legal Manner and in due form of Law Acquited by means of Which Premisses the Said John not only his good Name & fame much hurt and Velified is but Sundry Sums of Money and Tobacco in and About his Necessary defence Against the false Scandalous and Malitious Indictment afd. was forced and Obliged to Expend Wereupon the Said John Donohoe Says he is Worse and hath Damage to the Value of One hundred pounds Curt Money of Maryland and thereof he brings Suit and So forth Pledges &c. J: Doe & R: Roe And the afd. Ambros Fitzwaters by his Attorney afd. Comes and defends the force and Injury when &c And prays Leave thereof to Imparle here untill next Court to be held at Princes Ann Town the third Tuesday of November then next following and he hath it and the Same day is Given to the afd. John here also &c Att which day here Came as well the afd. John Donohoe as the afd. Ambros Fitzwaters by their Attorneys afd. And hereupon the Said Ambros as before defends the force and Injury when &c. And Saith that he is not Guilty of the Premisses above upon him Imposed in Manner and form as the afd. John above Against him hath Complained and of this he puts himself upon the County and the Plfe. Likewise Thereupon it is Commanded the Sheriff of Somerset County that he Should Cause to Come before his Lordships Justices At the next Court to be held at Princes Ann Town in and for the County afd. the third Tuesday of March then next following Twelve and &c. by whom &c. and Who neither &c. to Recognize &c. because as well &c. And the Same day is Given to the Parties afd. here &c Att which day here Came As well the afd. John Donohoe as the afd. Ambros Fitzwaters by their Attorneys afd. and the Sheriff of the County afd. did not Send thereof the Writt &c Therefore as before it is Commanded the Sheriff of Somerset County that he Should Cause to Come before his Lordships Justices at the Next Court to be held at Princes Ann Town the third Tuesday of June then next following twelve and &c. by whom &c. and who neither &c. to Recognize in form afd. &c. And the Same day is Given to the afd. Parties here also &c. Att which day here Came as well the afd. John Donohoe as the afd. Ambros Fitzwaters by their Attorneys afd. And the Sheriff to witt Ephraim Wilson Returned the afd. Writt of Veniry facias and the names of the Jurors in all things Served and Executed And the Jurors of that Jury thereof Impannelled being Called to witt |
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Somerset County Judicial Records, 1760-1763
| Volume 543, Page 140b View pdf image |
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