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November Court ann.o
1728 138 Whereupon Command is Given to the sherr of Somersett County that he should take the afd Elianor Haines if &.c to answer &.c and afterwards in the Same Court Came here the afd Elianor Haines in Custody of the ^said^ sher into whose Custody before that time was Committed for the Cause afd and being by the said sher sett to the Barr is thereupon Instantly demanded how she would acquitt herselfe of the felony afd says that of the felony afd as by the Indictm.t afd is upon her Imposed she is guilty thereof &.c Whereupon the Justices here valued the goods in the Indictment afd mentioned to be stolen to One hundred and twenty pounds of tobacco Wherefore it is Considered by the Court here that the afd Elianor Haines pay unto the afd John Caldwell the party deprived four fold of the value of goods afd amounting in the whole to the Sum of five hundred pounds of tobacco (the afd goods being valued by the Court here according to Law) and that the said Elianor Haines be whipt with ten Lashes on the bare back well laid on untill the Blood appear and that she stand in the pillowry a quarter of an hour and that she be taken &.c and thereupon as to the Corporall punishment afd Command is thereupon given to the sher of Somersett County afd that he do thereof Immediate Execution according to the Judgmt afd rendered by whiping of the afd Elianor Haines at the Publick whiping post with ten Lashes on the bare back well Laid on untill the blood appear and by Sitting her in the pillowry a quarter of an hour afterwards in the Same Court the Sher returns that he hath done the Execution of the Judgmt afd as to the Corporall punishm.t afd he was Commanded. Thereupon it is ordered by the Court that the afd Elianor Haines give Security for the paymt of the Severall Officers their fees due by occasion of the premisses whereupon a Certain Jno Caldwell of somersett County Gent.m present here in Court undertakes for the said Elianor Haines to pay the Severall Officers the fees due by Occasion of the premisses afd &c
Test Jn.o Smith, Jam.s Warten Jn.o Bevins Thomas Humphry's foreman Whereupon the afd Thomas fletcher in his Own proper person appears and prays Leave untill next Court to answer the premisses afd and it is granted him and the Same day is given unto the George Dashiel his Lordships attorney (who for his said Lordship in this behalfe prosecutes) also Att which said Next Court to witt the Ninteenth day of November anno Dom One thousand Seven hundred and twenty Eight Came again as well the afd George Dashiell who for his said Lordship in this behalfe prosecutes as the afd Thomas fletcher in his Own proper person and the afd Thomas fletcher in his Own proper person Comes and prays Judgm.t of the Presentm.t afd because he Says that the said presentm.t afd and the matter therein Contained are not Sufficient in Law to Oblige him to answer thereto and this he is Ready to verifie wherefore he prays Judgm.t and that the said presentm.t may be quashed To which demurer ye L Pry Joyns G D Whereupon all and Singular the premisses by the Court here seen heard and fully understood and Mature |
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Somerset County Judicial Records, 1727-1730
| Volume 841, Page 138b View pdf image |
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