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March Court
1723 147 he was Commanded Whereupon the said John Newbold being sett to the Barr (Indictmt Read) is thereupon Instantly demanded how he would acquitt himselfe of the premisses afd above upon him Imposed says that of the Premisses afd as by the above Indictm.t it is supposed in manner & form he is no ways guilty thereof and for tryall thereof putts himselfe upon the County and Levin Gale who for his said Lordship in this Behalfe prosecutes Likewise Thereupon Command is Given to the Sherr of Somersett County that Immediately he Cause to Come here twelve &c by whom &c who Neither &c to recognize &c because as well &c of which said Preceipt the said sherr to witt Joseph MccClester Gentl: Now here at this day to witt makes return that he has here ready twelve &c as by his preceipt he was Commanded and the Jurors therein Impannelled being Called Came to witt Thomas Peal, John Dennis Sen John White Marumsco, William Holland, Isaac Williams John Beavins, William Bratton David Hazzard, John Patrick Jun.r Adam Spence sen.r Edmond Hough William Mills who being duely Elected tryed & sworn to say the truth in the premisses upon their Oath doe say that the said John Newbold is Guilty of Battery Whereupon the said John Newbold prays the Court that noe Judgm.t may be given on the verdict, so as afd given against him and that time may be given him to free his Reasons which is Granted and time given him untill ^the^ tomorrow being saturday and the fifth day of this term he giving recognizance in ten pounds Curr.t mony to stand & abide the Judgmt of the Court thereupon &c Thereupon the said John Newbold acknowledged himselfe to Owe and Stand Justly Indebted unto his said Lordship the Lord proprietary his heirs and Successors in the sum of ten pounds Curr.t money to be Levied on his Body goods or Chattells Lands or tenements for the use of his said Lordship In Case he doth not make his personall appearance before the Justices of his Lordships County Court of Somersett Now sitting at dividing Creek on ^the^ tomorrow being saturday & the fifth day of this term & and answer &c and not to depart the same Court but stand & abide the Judgm.t thereon on Which day to witt the fifth day of this term Comes againe as well the said Lord proprietary by Levin Gale his attorney who for his said Lordship in this Behalfe Prosecutes as the said John Newbold in his own proper person and Certain Reasons find by the said John Newbold in Stay of Judgmt on the verdict were read in these words following viz.t Lopp @ Newbold Reasons to arrest Judgm.t in this Cause that the Indictm.t being for a trespass and not Guilty pleaded to it the Issue was gen^t^all which Requires a positive verdict Either in the affirmative or Negative as Guilty or Not Guilty which the Jury have not found Whereupon all and singular the premisses by the Court here seen heard and fully understood & Mature deliberation thereupon had it seems to the Court here that the reasons afd are not sufficient in the Law to quash or sett aside the verdict so as afd Given &c Therefore it is Considered by the Justices here that the said John Newbold be fined to his Lordship the Lord proprietary the sum of fifty pounds of tobacco for the fact afd Thereupon the Said John Newbold is discharged from the Indictmt afd paying the fine afd & the severall officers y.r fees due by action of ye premisses afd &c |
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Somerset County Judicial Records, 1723-1725
| Volume 839, Page 147 View pdf image |
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