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August Court
1737
122 here untill the third Tuesday of June then next following and he hath it and the same day is given to the afd Thomas Adams here also &c Att which day here Came againe as well the af.d Thomas Adams as the af.d John Deal by their attorneys af.d and whereupon the same John Deal prayes further Leave thereof to Imparle here untill the third Tuesday of August then Next following and he hath it and the same day is given to the af.d Thomas Adams here also &c Att which day here Came ^againe^ as well the af.d Thomas Adams as the af.d John Deal by their attorneys af.d And Whereupon the same John Deal as before defends the force and Injury when &.c ^and^ as to the coming with force and arms ^and^ whatsoever is against the peace of the said Lord proprietary now he says that he is in no sort thereof Guilty and of this he puts himself upon the Country Geo Douglas And as to the Residue of the trespass af.d above supposed to be done the af.d John says that the af.d Thomas his accon af.d thereof against him to have and maintain ought not because he says that the said Thomas the day and year af.d in the declaration af.d above Specifyed at Somerset County af.d with force and arms in and upon the said John an assault did make and him the said John then and there would have beaten wounded and evilly Intreated unless the af.d John himself against the said Thomas then and there had defended and so the said John says that the hurt or Injury if any to the said Thomas then and there happend was of the proper assault of the said Thomas Adams and in the defence of the said John Deal and this he is ready to verify &c Whereupon he prays Judgment if the said Thomas his accon af.d against him to have and maintain ought Whereupon the afd John Deal prays that the afd Thomas Adams to the pleas afd of him the Same John may reply Upon which which it is said to the same Thomas Adams by the Court here that he reply to the pleas afd of the Same John but the Same Thomas altho' Solemnly Called cometh not nor to the pleas of the afd John replyeth nor is his writt afd against ^the same John^ further prosecuted Therefore it is Considered by the Court here that the afd Thomas Adams take nothing by his writt and declaration afd but that he and his pledges of prosecuting to witt John Doe and Richard Roe be in mercy and that the afd John Deal Go thereof without day &.c and further it is Considered that the afd John Deal Recover against the afd Tho.s 304 Adams Three hundred and Twenty Six pounds of tobacco for his Costs & 326 Charges by him about his defence afd in that part Sustained to the same John Deal by the Court here according to the form of the Statute in Such Case there Lately made and and provided adjudged and that the same John have thereof Execution &c |
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Somerset County Judicial Records, 1737-1738
| Volume 859, Page 122 View pdf image |
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