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132 August Court 1718 prosecutes as afd ) hath above agt. him Declared & of this She puts herselfe upon the Country &ca. M Howard pr Deft And the plts in like manner TBowne pr Plts. Command was therefore given to the Sherf of Kent Countythat he Immediately cause to come here twelve &ca. By whome &ca. To Recognize &ca. Who neither &ca. Because as well &ca. And the Sherf of Said County comes and makes return that he hath ready twelve as by his precept it was Commanded vizt. John Hurt Henry Knock Richard Scaggs Vivian Beck Robert Green George [Hill?] Nicholas Lynch Thomas Joce Nicholas Joce Vincent Hatchenson John Davis William Simcocks which Jury being duely Elected tryd and Sworn and having heard the pleadings Evidences and allegations on both Sides and having had their charge do with draw and after Some time do againe return and being called over as also the Plts and Deft. who do all appear and the Jury being asked whether they are agreed on a verdict or not do Say they are agreed on a verdict And being asked — whether they find for the Plts or Deft. do Say they find for the Deft and that the Deft. is in no wayes guilty of what is Charged against her as above declared - and by John Hurt there foreman all So Say The Deft by her attry afd moves for Judgment on the verdict afd which is granted Except cause Shewn Reasons in arrest of Judgment. and the afd Plt in the behalf of ye Lord propr & himselfe Saith that the verdict given by the Jury in this Cause is not Sufficient to Support or maintain the Same for the Reasons following . 1st that the Said verdict found by ye afd Jury is not according to ye Issue joyned with many others in the Said verdict and by John Johnson his attry prays that there may issue a new venire Jno Johnson pr Ld propr. & James Harris and the afd Reasons being read and by the attrys on both Sides argued and mature deleberation by the Court thereupon taken do adjuged the Same Good and Sufficient in Law to barr the afd Deft from having Judgment according to the verdict afd And that the verdict is not according to the Issue Joyned And that a new venire Issued returnable to next Court and thereupon the Same Cause is Continued John Simkins An Evidence for the Plts. in the above Cause the Same Plts by their attrys afd Prayd that his deposition might be Entered which was — granted And the Same being Sworn as Evidence for the afd Plts. to the Jury afd declares as folls vizt. That he knows nothing of the Defts dealing any ways with the afd James Harris’s negro and that he never Received any Indian Corn or — Wheat from the Said Negro but what was left with the negro by other persons for her use or that he had Carryd there himselfe And that the Negro afd had eat at the Defts house but that She gave it him
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Kent County Court, Proceedings, 1718-1720
| Volume 833, Page 132 View pdf image |
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