USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 3 > Part 45
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Will of Joseph Mettcalfe of Ipswich, aged about sixty years, dated June 3, 1665, proved Sept. 26, 1665. He appointed his wife Elizabeth Metcalfe, executrix, and left his estate to her during her life. At her death his grandson Joseph Metcalfe was to have the house and land, and to pay to his sister, Mary Mettcalfe, 10li. To grandchild, Elizabeth Mettcalfe, the live stock his wife should leave; to wife, the household goods. Son Thomas and William Goodhue, overseers. Wit: John Perkins and Jacob Perkins.
Inventory of the estate of Joseph Mettcalfe of Ipswich, taken Sept. 22, 1665, by William Goodhue and Robert Lord, and allowed, Sept. 26, 1665, at Ipswich court: House, barn, etc., 300li .; domes- tic animals; apples, and grain; beds and bedding; wearing ap- parel, old carpet, pewter, brass, glass, tools, wool, books, two swords, household utensils, saddle, etc .; total, 408li. 13s.
Mr. Anthony Crosbie v. John Tod. Breach of bond of arbi- tration. Verdict for defendant. Appealed to next Court of Assistants. Mr. Anthony Crosbie and Mr. Jonathan Wade bound .*
*Writ, dated July 1, 1667, signed by Tho. Leaver, t for the court, and served by Robert Lord,t marshal of Ipswich.
tAutograph.
437
RECORDS AND FILES
1667]
Mr. Moses Maverick, John Peach, sr., Jo. Peach, jr., and Richard Rowland v. John Butry. Nonsuited. Afterward entered and verdict for plaintiff .*
Jo. Tod's bill of costs, 1li. 9s., and Mr. Crosbie's, 1li. 15s. 2d. Copy of execution, dated Sept. 21, 1666, signed by Edward Rawson, secretary, and returned by Robert Lord, deputy marshal for Edward Mitchelson, marshal general.
Nicolas Browne deposed that when at his house he heard Mr. Crosbie demand of John Tod the deeds according to arbitration, etc. Sworn in court.
Richard Longhorne, aged about forty-nine years, and Daniell Wickam deposed that Tod refused to give the deed to Crosbie, etc. Sworn in court.
Copy of execution, dated Sept. 27, 1666, signed by Robert Lord, for the court, and served by Robert Lord, marshal. John Tod chose Richard Holmes, and the marshal chose John Palmer, who valued the land at 183li. 15s. Joseph Horsly's and Mr. Sands' lots mentioned
Plea of Anthony Crosbie.
*Moses Mavericke, John Peach, sr., John Peach, jr., and Rich- ard Rowland v. John Buttery; agreement concerning fence to be made by defendant; dated July 16, 1667; signed by Moses Mav- ericke,t for the court; and served by Jonas Eaton, constable of Redding, by attachment of house and land of defendant.
Moses Mavericke and Richard Rowland deposed that in the case between the owners of the farm at Marblehead and John Buttery, they met at said Mavericke's house, and he did not deny that he was guilty of breach of covenant. He promised to finish the work, yet he left it and went to Boston. They followed him, but he went out of the patent. He had received 15li. more than his work amounted to, etc. Sworn in court.
Agreement, dated Jan. 28, 1664, between Moses Mavericket of Marblehead, John Peach, sr.,# John Peach, jr.,} with Richard (his mark) Roulland and the rest of the purchasers of a farm bought by them which was Mr. Humpheries and John Buttereyt of Reden, husbandman; the latter, by the last of June next, was to set up a fence of posts and rails, three rails in height five feet above the ground and the posts to be ten feet apart, the rails to be well spliced and fastened in the posts; the fence was to extend from the south side on the seashore that divides Mr. King's farm from this farm, to Forest river, about 400 poles, at 14d. per pole, to be paid one-third in money and two-thirds in goods, etc. Wit: John Delacyt, John Northeyt and Willm. Pitt,t the paper being given in to the hands of the latter to keep. The other partners affixed their signatures also, William (his mark) Charells, William t Autograph. #Autograph and seal.
438
IPSWICH QUARTERLY COURT
[Sept.
John Clarke v. Alexander Tompson and his wife. Slander. Verdict for plaintiff .*
Richard Jacob v. John Traske. Non-payment for fourteen months' diet. Defaulted.
Nicolas Wallington v. John Woolcott. For not making good a parcel of land. Nonsuited. Afterward entered, and verdict for defendant.t
Clement Coldam v. John Pearse and Elizabeth, his wife, Slander. Verdict for plaintiff. Appealed to next Court of Assistants. John Pearce and Wm. Sergent bound.
(his mark) Bartoll, Nicolas (his mark) Mariott, John (his mark) Waldron, John Gatchell,¿ Erasomus Jamest and Henrie (his mark) Stacie. It was later agreed that the fence should not be of posts and rails, but a ditch four feet wide and three deep, and two and a half feet in the bottom; also where it was so rocky that there could not be a ditch made, Buttery was to make a stone wall four and a half feet high or posts and rails, the ditch to cost 22 1-2d. per pole, and said Buttery not to do any other man's work till this be finished.
Maverick's bill of costs, 1li. 11s. 2d.
*Complaint, dated Aug. 17, 1667, of Alexander Tomson and wife Deliverans against John Clerke of Wenham: She said that on July 18, Clerke came into her house with her husband to light their pipes of tobacco, and after her husband had gone to reaping, Clerke smoked awhile and going to the end of the house called to her husband to come in and smoke. He answered that he would when they had carried another end. Clerke came back and tried to kiss her, but having her child in her arms, the child cried out, etc. This complaint was heard by Mr. Samuel Symonds.
On Aug. 20, 1667, John Clerke, upon further like testimony of Hanna Welsh, was bound to good behavior, said Tomson was bound to prosecute and Hanna Welsh and Henry Haggett were to appear as witnesses.
Daniell Davison deposed. Sworn, Sept. 17, 1667, before Samuel Symonds.#
Robert Colbourne, aged about sixty years, deposed that Clearke asked Tomson's wife why she raised such false reports of him, etc. Sworn in court.
+Warranty deed, dated Oct. 16, 1661, John Woollcott and Mary (her mark) Woolcot, his wife, of Newburry, to Nicholas Walling- ton of Newburey, half the farm purchased of Mr. Phillip Nelson of Rowley, etc. Wit: Joseph Muzzey,} Tristram Coffin,} Robert Long,# John Piket and George March.į Acknowledged in Ipswich court, Mar. 25, 1662, and recorded in folio 72 of records by Robert Lord,# rec.
# Autograph.
439
RECORDS AND FILES
1667]
Frances Wainwright v. Thomas Sevy. Forfeiture of a bond. Verdict for plaintiff .*
John Kent v. John Bishop. For refusing to give an account. Verdict for defendant.t
Mr. Edmond Batter, in an action of appeal from a judgment of Major Wm. Hathorne, withdrew his action and all parties left it to the advice of the court.}
*Bond, dated Dec. 12, 1665, Thomas (his mark) Sevy§ of the Isles of Shoals to Francis Wainewright of Ipswich, for 272li. 10s., to be paid in cod fish at the Isles of Shoals. Wit: Christopher (his mark) Joss and Jno. Wainewright.§ Sworn by the first wit- ness, Sept. 23, 1667, and by the latter witness, Oct. 9, 1666, before Daniel Denison.§
Fr. Wainwright's§ receipt, dated 12:5: 1667, for 23 quintals of cod fish at 30 ryals pr. quintal and 5 quintals of "dumbe fish" at 12s. per quintal.
+Writ: John Kent v. John Bishop; for refusing to give a just account of his father's estate, being one of the overseers; no date or signature; served by John Webster,§ constable of Newbury.
įWm. Hathorne held court at Mr. Geedne's, 8 : 5 : 1667, and Mr. Batter appeared before him.
Copy of warrant, dated 6 : 5 : 1667, addressed to Thomas Rex, constable of Salem, or Edw. Humber, for Mr. Edm. Batter's appearance to answer for hindering the workmen from carrying the guns to the fort about 25 : 4 mo., and telling them not to move them without orders from the selectmen, signed by Wm. Hath- horne, assistant, and returned by Edw. Humber.
John Geedney, jr., deposed that on the first day of the court being by the great guns in company with Capt. Corwin, he saw Batter discoursing in private with said Corwin, and later asked Corwin why he would carry away the guns without the knowledge of the selectmen, and told the workmen who were to transport them that it would not be safe to meddle with them. Capt. Cor- win then asked deponent, Edw. Flynt and others to witness that he hindered them in carrying the guns to the fort. Sworn, 3 : 5 : 1665, before Wm. Hathorne,§ assistant.
Nath. and Samll. Pitman deposed that they were to help down with the great guns to the fort, one of the guns being already in the chain fastened to the draught, when Mr. Batter said to the carters and others there, etc. Sworn also by Joseph Phippine, 3 : 5 : 1667, before Wm. Hathorne,§ assistant.
George Corwin, aged about fifty-six years, deposed that he had orders from the Major-General and the militia committee of Salem, §Autograph.
440
IPSWICH QUARTERLY COURT
[Sept.
and had provided a team or two, when Mr. Batter twitched him by the arm and said he would never pay a penny for the charge if the guns were moved without the selectmen's consent, "upon wch I turned myselfe from him, went to ye Company . . . & so turning myselfe about went away only promising John Pickering, & Edward Flynt I would see them satisfied for ther teemes." Sworn, 8 : 5 : 1667, before Wm. Hathorne,* assistant.
John Pickering and Edw. Flynt, aged about twenty-nine years, deposed that as they began to move the oxen, the axle-tree canted out of the notches of the carriages, being not fastened, so that they were fain to suddenly stop the oxen for fear of drawing the gun and carriage off the wheels. Then they told Capt. Corwin that the guns were not fit to be carried as they were, but they could take them out of the carriages and draw them with a chain. He said no, for that would make double labor, but they would wait until the next day after tomorrow because he heard the way over the gut was worn so narrow that they could not go over, but it should be mended tomorrow. Then they decided to wait and Mr. Batter came, etc. Sworn, 8 : 5 : 1667, before Wm. Hathorne,* assistant.
Mr. Edm. Batter was fined, and he appealed. Samuell Williams, surety. Edm. Batter's* reasons of appeal dated 16 : 7 : 1667, which were left at Mr. Hathorne's house.
Answer to Mr. Batter's reasons of appeal, signed by Walter Price,* in the name of the committee of militia in Salem; that he did stop the work; that ignorance of the law excuses no man; that he is mistaken in saying that the guns had been in the hands of selectmen for thirty-two years, for they had power only to supply necessities and make repairs, while the guns were really in the custody of the committee of militia in the town; that Major Hat- horne had often told him that the guns were the country's and about eighteen years since the General Court tried to take them away but the two deputies held them for the town, claiming that they should shortly be fitted for the defence of the country; that Major Genll. Leverett received no accusation against Batter but only a letter showing how things were seditiously transacted in the town, a seeming conspiracy to hinder the defence of the town when news was brought of the great loss of the English in Virginia, for the Maj .- Gen. had charge of the fort and the ordering of all the great guns in this colony and he had ordered Capt. Corwin to move the guns; that, if Maj. Hathorne was not a competent judge, it was known that he would have remitted the action, but Batter was of so high a spirit that he scorned to appear when he asked him to; that Capt. Price and not Capt. Corwin was sent for him; that "not long since at a meeting of the selectmen when an order was passed, that Capt Corwine should be desired to carry away the guns unto the fort, Edmund Batter and Nathaniell Putman
* Autograph.
441
RECORDS AND FILES
1667]
Job Swinerton v. Jacob Knights. Non-performance of a bar- gain. Verdict for plaintiff, the building of the chimneys, accord- ing to agreement in June, within six weeks.
Wm. Whittred v. Wm. Story. Slander. Verdict for plaintiff. Wm. Story v. Wm. Whittred. Slander. Verdict for plaintiff .*
desired, it might be recorded, that they consent not; . . . who is the selectman, Nathaniell Putman tooke counsell withall; and who is the person that disswaded the building of the fort, and putt many scruples into mens minds about itt, thereby to hinder the worke, and to weaken the hands of those that were imployed in itt; whereas nothing could have beene more orderly carried on; for his Majestye first required fortifications in this Country, the Genrll. Court then att Boston impowrd Capt Corwine about itt with advice of Major Gen~] Leverett, who likewise ordered itt, and Capt Corwine acquainted the Towne with it, who voted it should be done, and the way and manner of itt; and yett this not sufficient to satisfye one man: now likewise itt appeares, who hath hindred all things for the good of the Towne, wherein himselfe is not in the first place; in a word, he it is, who is the occasion of all the troubles and divisions which haue beene in the towne of Salem, and yett would seeme to be the only greived person" . . . He "would lay the blame of these precedentiall cases (as he termes them), upon military officers being over-impowered whereas the true cause is in himselfe; For had he beene chosen Captaine, when Capt Price was elected, all had beene well, and the Comittee of militia in all things acted to his satisfaction: Butt he being well knowne unto this honrd Court, It is to be hoped, that your honrs will take his case into Consideration, and something humor his Ambition, for if he were made Captaine of some remote village in this Country, he would (Caesarlike) count himselfe happier therein, than to be the second men in Salem."
Copy of the record of a Salem town meeting, July 26, 1667, giving authority to Capt. Corwin to have the guns moved, signed by Walter Price.t
John Floyd, aged about thirty years, deposed that having occasion to be in Salem with a team, as he passed by the great guns that were standing in the street near Mr. Batters, he saw Edward Flynt come with oxen to carry guns to Winter Island or fort, etc. Sworn, 23 : 7 : 1667, before Jno. Leverett, t assistant. Thomas Marshall, jr., made oath to the same before Wm. Ha- thorne,f assistant.
The court advised them to forget their differences and to study peace and unity, love and concord.
*Writ, dated Sept. 18, 1667, signed by Robert Lord,t for the court, and served by Robert Lord,f marshal of Ipswich.
t Autograph.
442
IPSWICH QUARTERLY COURT
[Sept.
Edward Harraden v. James Steevens and Anthony Day. Ver- dict for plaintiff .*
Wm. Thomas v. John Kent. For detaining sturgeon. With- drawn.t
Tho. Chandlour v. Job Tyler. Debt. Plaintiff made oath that he left a summons at the house of John Alldridge, where defendant had lived seven weeks. Verdict for plaintiff.
*William Hascall, jr., deposed that the constable's deputy of Cape Ann came to him when at work and charged him with his black staff to assist him in his Majesty's name. They went to Goodman Harridine's dock where there were two loads of hay on canoes. Then James Steevens and Anthony Day, the deputy, carried away the hay, etc. Sworn in court.
William Linkhorne deposed. Sworn in court.
Clemant Couldum deposed that he and Thomas Riggs were coming down Annisquam river and saw the deputy with the hay, etc. Also for need of hay Goodman Harridine's cattle were so poor that they could hardly go in the spring, etc. Sworn in court.
William Linkhorne deposed that Edward Harridine was fain to give his cattle wheat for want of hay, and that one of his cattle and four calves died, etc. Sworn in court.
+Isrell Webster deposed that he heard Mr. Thomas order John Kent to take out of his cellar eleven firkins and eleven kegs of sturgeon and to carry it to Boston, and they had to go twice, as they could not take them all at one time. Sworn, Sept. 22, 1667, before Daniel Denison.§
įWrit: Ens. Thomas Chandler v. Job Tylar; debt; dated 27 : 3 : 1667; signed by Simon Bradstreete,§ for the court; and served by John Stavens§, constable of Andover, by attachment of two oxen, two cows and five acres of land of defendant.
Copy of Salem court record of 28 :9 : 1665, concerning the same parties, made by Hillyard Veren,§ cleric.
Thomas Chandler's bill of cost, for going to Quinopeg about 140 miles from Andover out and in to serve warrant, 1li., etc., total, 4li. 6s. 4d.
Agreement, dated Oct. 29, 1665, between Thomas Chander§ of Andover and Job Tiler§ of Roxbury, to leave the settlement of their differences to arbitration, the former choosing Worshipful Mr. Bradstreet of Andover and the latter Col. Crone; in case Mr. Bradstreet refused to serve, Mr. Edward Dennison of Roxbury was to be chosen, with Capt. Johnson of Roxbury as third man, etc. Wit: Phillip Curtis§ and Joshua Lamb,§ who made oath before Anthony Stoddard,§ commissioner.
§Autograph.
443
RECORDS AND FILES
1667]
John Bishop v. John Kent. Debt. Verdict for defendant.
Wm. Beale v. Richard Downeing, wife Mary and Margret Bennit. Review of a case tried at Salem. Verdict for plaintiff .*
Letter dated Mendon, Sept. 23, 1667, signed by Joseph Ald- regh,t stating that he did not know where to find Tyler and that he had not been at his house.
Job Tyler testified that he never saw the warrant which Thomas Chandler sent him. Sworn, 21 : 7 : 1667, before Richard Parker,t commissioner.
William Cleaves, aged about thirty-two years, deposed that he went with his brother Thomas Chandler and heard the latter tell Tyler to pay the debt to John Chandler, etc. Sworn in Boston, Sept. 21, 1667, before Edward Tyng,f commissioner.
John Chandler, aged about thirty-three years, deposed that he went with his brother Thomas Chandler, etc. Also that he had never received the money. Sworn in Boston, Sept. 21, 1667, before Edward Tyng,t commissioner.
Award of the arbitrators, Edward Denisont and Isaac Johnson, t dated Jan. 26, 1665, who ordered that Job Tiler should nail up or fasten upon the posts in Andevour and Roxbury meeting houses in a plain legible hand, there to remain fourteen days. Also that whereas no fine can be sufficient for the reparation of a man's name, and considering Job's poverty and necessities, they judge that he should pay the costs, 6li .; and for saying that Chandler was a base, lying, cheating knave and had gotten his estate by cheating, and had cheated him out of 100li., he was to make public acknowledg- ment. Sworn by the arbitrators, 17 : 7 : 1667, before Anthony Stoddard,t commissioner.
*William Beale deposed that his wife, upon request of Allexander Gelligin, went with his wife, Frances Gelligin, to Richard Down- ing's lot to see the dung heaps which said Downing had carried away, etc. Beale's wife was beaten so he had fear for her life, and Gelligin's wife had since died, etc.
Wm. Beale's bill of cost, 2li. 1s. 2d.
Copy of summons, dated 19 : 4 : 1667, made by Hillyard Veren.t
Copy of depositions of Ann Devorix, Francis Gilligan, Mary Stacy, Henry Stacy, William Beale, Mary Parnell, Robert New- man, Richard Downing and wife Mary, taken from Salem court, 25 : 4 : 1667, by Hillyard Veren,t cleric.
Letter of attorney, dated Sept. 23, 1667, given by Margarett (her mark) Benet,¿ Richard (his mark) Downing; and Mary (her mark) Downing, all of Marblehead, to Edmund Richards of Lynne. Wit: Edw. Norice, sr.,t Dorothy Norice,t Anne Devoruxt and Bethiah Deverux.t
Henry Stacy, aged forty-six years, and Allexander Gelligin deposed that Margaret Bennit told William Beale that she would
t Autograph. #Seal.
444
IPSWICH QUARTERLY COURT
[Sept.
Danill Hovey v. Robert Andrews. Trespass. Withdrawn.
Danill Hovey v. John How. Trespass for pulling up his fence. Withdrawn.
Hackaliah Bridges v. Rich. Haven. For illegally stopping him upon the road. Verdict for defendant .*
break his pate, but the latter told her he would not trouble her and took off his hat, "bid her By youre Leaue," and went out of the house. Downing followed him and would have thrust him out at the gate, but Beale went along an old path that went to John Deverix, etc. Sworn, 23 : 7 : 1667, before Wm. Hathorne,t assistant.
Jane James, aged sixty-four years, deposed that a month to- morrow she was at the house of Henry Stacy of Marblehead at the death of Frances Gelligin. When they put her in the coffin, they noticed marks on her side of a black red color and she had com- plained of a sore spot, etc. Also that Mr. Ward had paid twenty shillings for an agreement of all parties, etc. Sworn, 23 : 7 : 1667, before Wm. Hathorne,t assistant.
Jane Stacy, aged thirty years, deposed that Frances Gelligin came to her house and desired her daughter Mary Stacy, etc. Sworn, 23 : 7 : 1667, before Wm. Hathorne,f assistant.
*Writ: Hachaliah Bridges v. Richard Haven of Lynn; for illegally stopping him upon the road and apprehending him upon pretence of felloniously assaulting a man upon the highway; dated 13 : 7 : 1667; signed by Hillyard Veren,t for the court; and served by Henry Skerry,t marshal of Salem, by attachment of house and land of defendant.
Jonathan Hudsont and his wife, Elizabeth (her mark) Hudson deposed, Sept. 23, 1667, that one night a man called Mr. Pinshin and a daughter of Dexter of Maulden came into his house. Pin- shin came in as if he were frightened, saying that he was afraid of his life, and with his naked sword in his hand asked to be enter- tained that night. He said the Bridges were pursuing him, that they had taken the maid off the horse and since he had brought her from her father's he was resolved to carry her home again. They lodged there that night and the next morning went away.
Andrew Mansfeild of Lynn, aged about forty-six years, deposed that coming from Rumnye Marsh in hay time, two or three of Goodman Bridges' sons of Ipswich overtook him on this side of Lynn bridge and stayed there to light their pipes. Upon the hillside before he reached Mr. Hathorne's, he met Mr. Pinson who desired him to send the constable to Mr. Hathorne's lest there be a mutiny and deponent went to Sergt. Richard Haven, const- table. Sworn, 23 : 7 : 1667, before Wm. Hathorne,f assistant.
Obadiah Bridges, aged about twenty years, deposed that coming along with his brother Hacaliah from Boston toward Ipswich ,
+Autograph.
445
RECORDS AND FILES
1667]
Mr. Wm. Perkins v. Mr. Thomas Gilbert. Defamation. Ver- dict for defendant. Court did not accept the verdict .*
Mr. Wm. Perkins v. Mr. Tho. Gilbert. Verdict for defendant. Court did not accept the verdict.
Mr. Wm. Woodcock v. Zackery Herrick. Forfeiture of a bond. Withdrawn.
Job. Hillyard v. Mr. Edmond Batter. Appeal from a judg- ment granted by Major Hathorne. Verdict for plaintiff, the reversing of the former judgment.t
when the constable arrested him, etc. John Bridges testified to the same. Sworn in court.
Rich. Haven deposed that he demanded a bond of Pinchson and he would not give it, and that he told the Bridges' to go on their way, etc. Sworn in court.
*Ed. Bridges deposed that upon Sabboth day last, he heard Mr. Gilbartt say that men must repent of what they had done or else go to hell and he prayed that the necks of all who opposed the ministers of the Gospel should be broken. Owned in court by Mr. Gilbert.
+Writ: Edmund Batter v. Job Hyliard; debt for one load of salt marsh hay; dated 1 :6 : 1667; signed by Wm. Hathorne,} for the court; and served by Hen. Skerry, marshal. Copy made by Wm. Hathorne.
Copy of judgment, found for plaintiff, 12 : 6 : 1667, made by Wm. Hathorne.# Appealed, and Phillip Cromwell and Job Hylierd bound.
Summons, dated 5 : 6 : 1667, for Job Hilliard's appearance, signed by Hillyard Veren.}
Job Hilliard's bill of cost, 1li. 6s. 4d.
Letter dated, 26 : 7 : 1667, from Hillyard Verent to Mr. Lord, explaining that his son wrote the summons with his approbation; he being very busy, etc.
Hilliard Veren, jr., made oath that Job Hiliard received the summons, etc. Copy made by Wm. Hathorne.}
Copy of deposition of John Farrar and Jonathan Sylsbey, who said that two or three years since, by order of Edmond Batter, he carried a load of salt hay to Job Hylyard's house and his wife received it.
Job Hilliard's reason of appeal, dated Sept. 18, 1667: That his wife swears she never received the hay; that there was another Hillyard, whose house is at the same end of the town as his, and those who delivered the hay were strangers in the town; that he was at sea when the attachment was made; that Mr. Batter #Autograph.
446
IPSWICH QUARTERLY COURT
[Sept.
John Baker v. John Clarke and Thomas White. Debt. Ver- dict for plaintiff .*
Three actions of Mr. Bradstreet v. Tho. White referred from Salem court.t
Symond Bradstreet, gent. v. Thomas White. Debt. Verdict for plaintiff.
Symond Bradstreet, gent. v. Thomas White. Breach of coven- nant. Verdict for plaintiff.
Symond Bradstreet v. Tho. White. For not delivering a brown bay horse. Verdict for plaintiff.
Nicolas Cole acknowledged judgment to Mr. Edmond Batter.
Joseph Gidding, Wm. Andrews and Wm. Quarles were released of their bonds for good behavior.
Stephen Crose was released of his bond for good behavior.
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