Volume 740, Page 108 View pdf image |
then Cause to Come there twelve &ca. by whom &ca. who do not &ca: day to recognize &ca: because as well &ca At which Sd^ to wit ye. Same day and year last menconed the Sherf made retn. of his Sd precept that he hath there ready twelve &ca. as by his precept it was Commanded (to wit) Thomas Covington Robt. Parks David Davison Richd. Collins Geo: Smith Thomas Talley Cha: Marshall John Haymer Thomas Scottin Jerem Thomas Samll. Wattson & Thomas Brown Who being Elected Tryed and Sworn to Say the truth in the premises do Say upon their oaths we of the Jury find the Defendt. guilty of ye. horstealing afd which being heard Comes the sd. John by Michael Earle his appointed Councell And prays yt. the Judgt. upon ye. Virdict afd May be Stay’d and yt: he May have day to file his reasons in Arrest of ye. Same untill Next Court and he hath it ye. Same day is given ye. Sd Richd. Macklin who &ca. Att which Said next Court to wit this twenty Second day of Septr. Anno Dmi 1702 Comes as well the Sd. Macklin Who &ca. as the Sd John by his Councell afd Who prays yt. ye. Judgt. May be Stayed as Afd for these Subsequent reasons vizt. That by the fundamentall laws of England no prson Whatsoever Shall be Convicted of felony without passing two Juries vizt. a grand and Pettit Jury both which Shall be good and Lawfull men &ca. Now it Appeareth by a transcript from the Record of Talbot County Court yt. a certaine John Hamer (who was one of the pettit Jury yt. Tryed the fact between our Sovereign Lady the Queen and the prsoner) is not a good a good and lawfull Man in ye. Law for that he the Said John Hamer on ye. twentyth day of Aprill Annoq Dmi. 1692 at Chester hundred in Talbot County afd did with force and Arms Mark and bear away One hhd of tobacco contg. four hundred neat of the prpr goods of A Certaine Robert Smith As by the afd transcript here in Court produced (& fild) May more at Large appeare &ca. for Which reason ye. afd John Hollansworth prays yt. May be arrested and Stayed &ca. Which being by the Court Considered off it was by them Thought meet yt. ye. Said John Hollinsworth be acquitted from ye. Indictmt. And yt. the Sd Reason offer’d is Sufficient to arrest ye. Judgt. afd which is accordingly arrested. and order’d ye. Said John pay all fees accruing thereupon ~ |
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Volume 740, Page 108 View pdf image |
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