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339 (330 could not be sumoned and the sheriffe returned a Non est inveritus against him The Defendant Lynch being sumoned appeared in person and pleaded not guilty and putt himself on the Country and the said Nicholas who aswell &c also A Jury being impanelled and sworne returned their Verdict that they found for the Defendants Against w.ch Verdict and entring upp Judgem.t upon the same the said Nicholas Sewall who aswell &c offereth these reasons 1 The said Verdict is Erronious and against law being found for the s.d Defendant without any proofe and against legall proofe produced and offered by the Plaintiff sufficient to warrant the Court to give direccons to the Jury to find for the plaintiffe w.ch they ought to have done 2 The Plt to prove the Informacon first produced three Evidence viva voce to witt Anthony Underwood Cap.t Lawrence and John Connant who all proved the said Cap.t Estis to have come w.th his ship to Anchor in S.t Marys river into S.t Innegoes Creeke there at the time menconed in the Informacon to witt the First of February and that then and there whilst the shipp lay there that severall goods and Mechandizes to witt the Eighteene hogsheads of wine some barrells of salt and other the goods and Mechandize in the Informacon menconed were in the right time putt a shoare at the houses of the said Underwood and James Yore there hard by and that they did beleive these goods came from on board the said Estis shipp And the said Underwood further deposed that he had been on board the said Estis ship and and that Cap.t Estis declared to him that he had run himselfe unto some danger of being Seized for brining in severall prohibited goods not entred in England and alled M.r Underwoods advise whether the said Estis had better through himselfe upon Cap.t Allen Comander of his Majestys Frigatt then in Virginia as was reported or submitt to the officer appoynted by the Government of this province in which he then was And the said M.r Underwood advised him to submitt to the Governm.t Hee also further deposed that he did himselfe give to the said Nicholas Sewall the King Collector to Informe against the said goods but that the said Nicholas Sewall had before made informacon to the Governm.t That M.r Sewall did come to his house and made seizure of the goods there That the wyne and other goods were in the right time when he was a sleepe putt into his tobacco and Cellar but by whome he could not say and further that Chrismas Smith a Merchant had desired M.r Underwoods leave that these goods might be permitted to be putt there w.ch hee granted and w.ch is agreable to the Deposicons of the said Smith That all this was done privately and Clandestynely appeares by the circumstances of their severall oathes and this is the substance of the said three Evidences By w.ch it is apparent the said Estis had not only imported prohibited goods not entred in England but had broke bulke and landed these European Comoditys without entry here against the forme of the Acts of Parliament and yett the Jury would not find the said Defend.ts guilty against proofe and law 3 The Plt further to prove the said Informacon produced to the Court and Jury the Testimony of the said Chrismas Smith a Merchant of Reputacon written by his owne hand and by him signed & upon w.ch he was sworne and examined in the Provinciall Court of this Province in open Court in the face of the Country being there to sumoned by due processe upon the Informacon there exhibited in the p.rsence of the said M.r Lynch and upon M.r Lynch his request and w.ch oath was attested by the Clerke of the said Prov.ll Court being the Supreame Court of law of the Province (the upper house of Assembly only being excepted) and the same soe attested is and remaines a Record of the same Court and ought to have been made use off in this Court as good Evidence for the King and the rather in regard the said Christmas Smith being a Merchant not an Inhabitant of this Province was about his owne affaires some tymes in one County and some times in another and some tymes in Virginia out of the Jurisdiccon of this Court and soe could not be had viva voce at the tryall of this cause and yett the Defend.t Lynch opposed the having the said (Oath |
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Provincial Court Land Records, 1676-1700
| Volume 717, Page 339 View pdf image |
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