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June Court
1724
215 beat wounded and Evilly treated so that of his Life it was Greatly despaired and other harmes to him then and there did to ye great Damage of the same Allexander and against the peace of our said Lord proprietary his good rule & Dignity &c wherefore the said Levin Gale for our said Lord proprietary prays advisem.t of the Court here in the premisses and that due process of Law may Issue &c L Gale P Dom Prop.r Thereupon Command was given to the sherr of Somersett County that he should take the said Capell King Late of Somersett parish in Somersett County Gent if &c to answer &c and afterwards in our said Court Comes the said Capell King and being by the Sherr sett to the Barr (Information read) is thereupon Instantly demanded how he would acquitt himselfe of the premisses above Imposed upon him who thereupon says that of the premisses afd upon him Imposed says he is no ways guilty thereof & thereof for tryall putts himselfe upon ye Country and Levin Gale his Lordships attorney 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 why Neither &c to recognize &c because as well &c of which said preceipt the said Sherr to witt Joseph MccClester Gent makes return that he hath here ready twelve &c as by his preceipt he was Command and the Jurors of that Jury Impannelled being Called Came to witt Edward Round, William Handy Joseph Houston, Daniell Cordery Giddian Tilman, John Nicholson, John Scarbrough, William Richardson, John Gillett, James Caldwell, George Benston and Richard Phillips who being duely Elected tryed & sworn to say the truth in the premises afd But whereupon afterwards ion our Said Court it appeared to his Lordships attorney who for his said Lordship in his Behalfe prosecutes that John Scarbrough one of the Jury afd was present at the time of the assault afd (as by the Information above is supposed to be made by the afd Capell King on the same Allexander Hall) and was acquainted with the Nature of the fact but was not Sworn in Court as a wittness to the same &c thereupon his said Lordships attorney who for his said Lordship in this Behalfe Prosecutes prays that the Jury afd may be discharged and that a new venire facias to Joseph MccClester Gent Sherr of the County afd may be directed to Cause to Come here Immediately twelve &c to try the Issue afd &c and because the said Capell King hath not denyed this it is Granted him &c and the Jury afd discharged &c Whereupon Command is given to the sherr of the County afd that Immediately he Cause to Come here anew Twelve &c by whom &c who Neither &c to recognize &c because as well &c of which said preceipt the said Sherr of the County afd maketh return that he hath here ready twelve &c as by his said preceipt he was Commanded and the Jurors of that Jury therein Impannelled being Called Came to witt Edward Round, W.m Handy, Joseph Houston Thomas Adams, Giddion Tilman, Richard Philips, John NIcholson, John Roach Will.m (Richardson) |
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Somerset County Judicial Records, 1723-1725
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