Province and court records of Maine, Part 23

Author: Maine
Publication date: 1928
Publisher: Portland, Maine Historical Society
Number of Pages: 338


USA > Maine > York County > Province and court records of Maine > Part 23


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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John Wheelwright ) Js of the Joseph Hill 5 peace


A True Copie Exam'd per Wm Pepperrell J. peace


A True Copie


Exam'd per Charles Frost Cler


200


PROVINCE AND COURT RECORDS OF MAINE


[Verso:]


York Ss. May 25 1725


Persuant to the within warrant I have brought the person within mention'd before William Pepperrell Esq'r to Answer to what Shall be Aleadged Against him


Per Benj'm Stone Und'r Sherife


A True Copie Exam'd per Wm Pepperrell J: Peace


A True Copie Exam'd per Charles Frost Cler


[19,328(2)]


York Ss May 26th 1725


Malachi Edwards, being brought before William Pepperrell Esq'r one of his Maj'ts Justices of the peace for sd County to Answer to his disobeying of the Justice in refusing to take into his Custody one Daniel Morison as Likewise for his unhansome Carriage to the Said Justice as per the Process. Its Considered that he give bonds with Sureties to the value of fifty pounds for his Appearance to the Next Court of General Sessions of the Peace, there to Answer to what Shall be aleadged against him Relateing to the premisses.


[There follows memorandum of Edwards' bond in £50, David Littlefield and Bryce McClelland, sureties, for his appearance and for his good behavior, etc.]


A True Copie of Record Exam'd per Wm Pepperrell J.peac


A True Copie Exam'd per Charles Frost Cler


The delinqu't pld's not guilty Attest Charles Frost Cler


A True Copie Exam'd per Charles Frost Cler


[19,328(3)]


[Edwards' Reason of Appeal, apparently in the hand of Benjamin Gambling, the Ports- mouth attorney.]


[On the Fold:]


Edwards v Dom: Reg: Reasons of Appeal Filed in the Office April the 25th. 1726. Att'. Benja. Rolfe Cler


[Inside:]


Dr.


To The Hon'ble The Justices of his maj'ties Court of Assize & Gen'll: Goal Delivery to be holden at York within & for the County of York on the 11th day of May 1726


Malachi Edwards appellant


vs: Dom Regem appellee


The appell'ts: reasons of appeal from a Judgm't: or sentence of his maj'ties Court of Gen'l: Sessions of the Peace holden at York within & for the county of York the 6th day of July 1725 The sd: Malachi Edwards being bound over to the aforesd: Court of gen'l: Sessions of the Peace by Wm Pepperill Esq'r one of his maj'ties Justices of the


201


COURT OF GENERAL SESSIONS, 6 JULY 1725


peace for sd County for that he the sd Malachi Edwards being constable of the Town of Wells at a publick Town meeting at Wells aforesd: on the 5th day of May last [i.e., 1725] did refuse to obey the Commands of the Hon'ble Jno: Wheelwright & Joseph Hill Esq'rs Tow of his maj'ties Justices of the peace requiring him in his maj'ties name to Execute the Same also for that the sd: Malachi Edw'ds: did at the same time in a contemptuous manner in the face of the assembly lay hold of Mr: Justice Hill & com- mand him to go & stand guard over a Prisoner then committed to him by the sd two Justices as per the process is set forth & express'd. It was considered by the Court that the sd Malachi Edwards pay a fine to his Maj'tie of Ten pounds & fees of Court Thirty one shillings & 3d: & that he give bonds for his good behaviour till the next Sessions & Stands committed till the sentence be performed which Judgment or Sentence is wrong & Erroneous & ought to be reversed for the reasons following


1. for that the Appellant then Defend't was fined Ten pounds & ordered to pay Costs of Court &c whr'as the Judgment should have been that the Defend't: the now appell't: be acquitted &c.


2. Because the appell't: did not refuse to obey the sd: two Justices Command but Executed the same by taking the persons [sic] into Custody as required.


3. The Appell't. being then a Sworn officer had power to comand Assistance & wh'n he required Mr. Justice Hill to assist him he did not do it in contempt of sd: Justice


4. The Appell't: desired & prayed the benefit & privilege of being Tried by a Jury at the sd Court of Sessions58 but was denyed that Liberty &c all which being considered by yo'r: Hon'rs Yo'r appell't: humbly hopes that yo'r: Hon'rs & the Jury will see cause to reverse the former Judgm't: or Sentence & Acquit yo'r: Appell't: & allow him Costs &c


Dated 22d: Aprill 1726


Malachi Edwards


[19,328(4)]


[Attested copy of the entry of judgment of the Court of General Sessions of the Peace 6 July 1725.]


[19,328(5)]


York Ss


At a Court of General Sessions of the Peace holden at York the 6th July 1725.


Dominus Rex Complain't VS Malachi Edwards, Def't


Complain'ts bill of Costs vizt


Justice Pepperell 9s 0= 9 = 0


Sheriff 7/9 Clerk 2/6


0 = 10 = 3


Justices of Wells 1


0= 1=0


Kings Attorney 10s


0 = 10 = 0


Taxing


0= 1= 0


1 = 11 = 3


Exam'd


per Charles Frost Cler


58 Note that the Clerk did not include this request for a jury in his record of the proceedings. Supra, 197.


202


PROVINCE AND COURT RECORDS OF MAINE


Cost allowed one pound Eleven Shillings & three pence


A True Copie


Exam'd per Charles Frost Cler]


[7:92]


Benjamin Weltch, Simon Emery, John Neal, Francis Allen, Jun'r, David Sawyer, Richard Thurla & Thomas Musseet Appearing to An- swer a presentment of the grandjury Exhibited against each of them for presuming to vote not being Quallified &ct, They putting themSelves upon Tryal by a jury Specially appointed & Sworn for that purposs who went out thereon & returned their verdict Specially in the words follow- ing vizt (they find the Def'ts not guilty Except there be a Law that re- quires a voter Quallified to bring Evidence to the Town Meeting that he is Qullified), And inasmuch as it appears by the List of rates they were not Quallified at that time by the Law directing the quallification of Voters in Town affairs & were So found by the grand jury upon their Oaths, Its Considered by the Court that they be Admonished to Con- form themselves Accordingly for the future & that they pay Costs of Court £3:17:0 & Stand Committed till Sentence be perform'd. The Sd. Benjamin Weltch, Simon Emery, John Neal, Francis Allen jun'r, David Sawyer, Richard Thurla & Thomas Musseet Appeals from the above Sentence to the Next Court of Assize & General Goal delivery to be holden at York for Sd. County.


Mem'dm the Sd. Benjamin Weltch, Simon Emery, John Neal, Francis Allen jun'r, David Sawyer, Richard Thurla & Thomas Musseet Prin- cipals Timothy Waymouth of Kittery & Jno Smith of York Suretys acknowledge themselves to be holden & Stand firmly bound & Obleiged joyntly & Severally in the penall Sum of twenty pounds Currant money of New England to be paid to our Soveraign Lord the King his Heirs or Successors if the Said Benjamin Weltch, Simon Emery, John Neal, Francis Allen jun'r, David Sawyer, Richard Thurla & Thomas Musseet Shall make default in the proscicuting of their Sd appeal with Effect. Also if they be of Good behaviour in the Mean time towards his Maj'ty & all his Leige people


Taken in Court Attest. CHARLES FROST Cler


The Names of the Jury that tryed the above Case were vizt


Cap'tn Peter Nowel Forem'n


William More


Sam'll Sewel


James Frost


Elihue Persons


Nath'll Tarbox


Lewis Bane


Joseph Holt


James Grant


Caleb Prebble


Micom Mackintire


Joseph Abbot


203


COURT OF GENERAL SESSIONS, 6 JULY 1725


[The appeal: Superior Court of Assize and General Gaol Delivery held at York 11 May 1726.


Lynde, Davenport, Dudley, Quincy, J J.


Welch adj. Dom' Regis


Benj'a Welch and others Appl'ts adj Dom Regis From the Judgm't of a Court of General Sessions of the peace held at York for the County of York on the first Tuesday of July last past where they were found Guilty of Voting not being qualified according to Law & admonished and ordered to pay Costs. And now the Appl'ts paid the sd sum of £3:17 to Mr Sheriff Moulton, and Suffered themselves to be non suit afterwards for non appearance.]


[Records Sup. Ct. Jud., 1725-1729, Folio 42.]


[S. F. 19,324(1)]


York Ss: To the Honourable the Justices of his Majesties Court of Assize and General Goale Delivery to be holden at York in and for the County of York on Wednesday the Eleventh day of May 1726


Benjamin Welch, Simon Emery, Jno Neal, Francis Allen, jun'r, David Sayer, Rich'd Thurla & Thomas Muzeet Appellants, Versus a Presentment of the Grandjury on the Petition of Wm Leighton &c.


The Appellants reasons of Appeale from a Judgment of a Court of Generall Sessions of the Peace holden at York . . . the 6th day of July 1725.


The Case was a Presentment of Our Grandjury Ag'st the Appellants for Breach of Law-which was grounded on the Complaint of Wm Leighton and others for that the Appellants being not qualified did yet presume to Vote in the choice of Town officers in the Town of Kittery at their Meeting held on the 31st of March 1725. Which being committed to the Jury they found Specially, Vizt. They find the Defendants not guilty, except there be a Law that requires a Voter qualified to bring Evidence to the Town Meeting that he is, and Judgment was Entred up ag'st them, Vizt. Inasmuch as it appears by the List of Rates they were not qualified at that time as the Law directing the qualification of Voters in Town Affairs, & were so found by the Grand jury upon their Oaths. It's Considered by the Court that they be Admonished to conform them- selves Accordingly for the future and that they pay Costs of Court-3-17-0 and Stand Committed till Sentence be complied with


Which Judgment is wrong and erroneous and ought to be reversed for the following reasons


First That wh'as the Judgment was that the Defend'ts the now appellants Should be admonished and that they pay costs 3-17-0 It should have been that they should be acquitted and recover costs of the Complainants


2ly Altho' there be no positive averment in the Judgment that they are guilty of the presentment, yet the words of the Judgment carry in them an Implication that they are guilty-The Judgment is that they be admonished-which fully implies that they are guilty of what they were charged with, and that charge is that [they] have done something contrary to Law.


3ly The Law which they are charged to have broken is no where mentioned, nor to be known by the Title or recital of the Words thereof which is required in all Complaints or Indictments


4ly The Judgment ought to pursue the Verdict, which is especial. Vizt that they were


204


PROVINCE AND COURT RECORDS OF MAINE


not guilty Except that there be a Law that required a Voter qualified to bring Evidence to the Town Meeting that he is qualified So that unless such a Law appeared the Court should have Acquitted them & given them costs, for the Law is that every Informer shall pay costs, If Verdict goes ag'st him, as in this case


So that your Appellants hope your Honours and the Jury will reverse the former Judgment and give them costs.


Thomas Phipps Attorney pro Appellants


26 [or 21] Aprill. 1726.


[19,324(2)]


Our Sovereign Lord the King Plantiff & Benjamin Welch & all the Rest Defendants the Jury finds the Defend'ts. not guilty Except there be a Law that Requires a voter Quallified to Bring Evidence to the Town Meeting that he is Quallified


Peter Nowell


A True Copie Exam'd


per Charles Frost Cler]


[7:93]


ANNO REGNI REGIS GEORGII DUODECIMO


At a Court of General Sessions of the Peace holden at York within & for the County of York October the 5th, 1725, Present John Wheelwright, Joseph Hammond, Sam'll Moodey, Wm Pepperrell Jun'r, John Penhallow, Joseph Hill & Sam'll Came Esq'rs.


The Grand Inquest are as followeth


Jonathan Bane Form'n


Joseph Prebble


Samuel Tobey


Tho's Kilpatrick


Daniel Junkins


Richard Rice


Benjamin Hatch Robert Knight


Ralph Fernum


Clem't Dearing


John Furbush


Josiah Winn


Etherington Hearl


John Jordon Appeared to Answer his presentm't for not attending the Publick worship of God on the Lords day & being thereof Convicted Its Considered by the Court that he pay a fine to the poor of the Town of Kittery of 20s & fees of Court 7s or if unable to pay to be set in the Stocks one hour.


Samuel Littlefield appear'd to this Court & own'd that he was guilty of the Act of fornication with Elizabeth Goodall his now wife. Its Con- sidered he receive Seven Strips on his Naked back or pay a fine of 30s to the King & fees of Court 5s & Stands Committ'd till Sentence per- form'd.


Elizabeth Goodall, Now the wife of Samuell Littlefield being pre- sented for fornication, her Sd Husband appearing to this Court & mak- ing Excuse that it being dangerous times of the Indian Enemy was the


205


COURT OF GENERAL SESSIONS, 5 OCTOBER 1725


reason his Sd wife did not appear to Answer her Said presentment; Its Consider'd by the Court that She be heard before the Hon'ble John Wheelwright & Joseph Hill Esq'rs two of his Maj'tys Justices of the peace for Sd County & that they make report thereon at the Next Court of General Sessions of the peace to be holden at York for Sd County on the first Tuesday in January Next.


Jehannah Donnill now the wife of Wait More Appeared to this Court to answer her presentment for fornication She owning the fact, Its Con- sidered She receive Seven Strips on her Naked back at the post & pay fees of Court 7s or that she pay a fine to the King of 30s & fees as aforesd. & Stands Committ'd. Wait More appeared to this Court & own'd that he was guilty of the act of fornication with Jehannah Donnill his now wife. Its Considered that he receive Seven Strips on his Naked back & pay fees of Court 5s. or that he pay a fine to the King of 30s. & fees as aforeSaid & Stands Committ'd.


[7:94]


Joseph Kene of Kittery Appell't from a Judgment of Joseph Ham- mond Esq'r one of his Maj'tys Justices of the peace for Said County for Assaulting beating wounding & threatning Thomas Boothby of Sd. Kittery as set forth in the Judgment of the Sd Justice as on file appears being Adjudged to pay of fine of ten Shillings to his Maj'ty & fees twenty one Shillings the Sd Joseph Kene Submitting himselfe to the Judgment of the Justices of this Court, Its Considered by the Court that the former Judgment be Affirmed & that the Sd Kene pay Cost of Court 28s & Stands Committ'd till Sentence performed.


Sarah Kene, Thomas Boothby & Lydia Boothby being bound over to this Court by William Pepperrell Esq'r one of his Maj'ts Justices of the Peace for Sd. County for Scandalizing Joseph Kene as per the Recognizence on file appears, No Evidence Appearing to Convict them Its Considered by the Court they be Acquited paying Cost of Court 50s6 & Stands Committed till Sentence performed.


[Y. F. 1725-1726, No. 3]


[A double sheet containing the record of the hearing before William Pepperrell, Jr., J.P., July 29 and July 30, 1725.]


(1) [Summons by William Pepperell, Jr., J.P., at the complaint of Joseph Kene, for the appearance of Sarah Cane [Kene], Thomas Boothby and Lydia Boothby. Dated 28 July, 1725. (2) Paul Wentworth, Deputy Sheriff, returned that he had brought the persons named in the warrant before Justice Pepperrell, "Except Tho's Bouthby w'ch I could not find."]


206


PROVINCE AND COURT RECORDS OF MAINE


(3) [Summons for the appearance of Withers Berry, Nathaniel Cane [Kene], Benjamin Furnald, Joanna Stevens and Mary Rice, to give evidence in the matter. 28 July 1725.]


(4) Withers Berry of full age testifieth and Saith that yeasterday I this deponant heard Leadye Gusby59 Say She was afraid Jo's Keen would Kill her husb'd Tho's Gusbe & that w'th a Soward or pestol or Sum Other weapen


The accuser was the son of Sarah Kene, and the brother and brother-in-law of the Boothbys. (Gen. Dict. Me. & N. H., 394.)


Withers Berry


York Ss July the 29th: 1725


Mistress Sarah Ken & Ledy Gusbe personaly Appeared and own the above Deposi- tion to Be true Before


Wm Pepperrell Js pce


A true copy


(5) The Deposition of Nath'l Keen of full age testifyeth & Saith that at Several times this Ins't Month I this Deponant have heard Ledy Gusby Say that Jo's Keen was a murderous [wretch?] and came Several times to Shoote her & cutt her down w'th an ax and that She was afraid of her Life of him and also I remember that Tho's Gusby Several times Said that Jo's Keen came w'th an ax Several Times to Kill him, I also remember that My Mother Sarah Keen Said Several times that She was afraid of her Son, Jo's Keen would Shoot her or Kill her with an ax


York Ss. July 29th: Sworn before Me


Wm: Pepperrell Js pce A True copy . . . .


(6) The Deposition of Benja Fernald testifieth and Said that Sum time in this Ins't July that Sarah Keen was at my house & that I heard her Say that Jo's Keen thretned that he would kill Tho's Busby w'th a pistol & that he was resolved he would carry a Soward & pistol about him, & further Saith not


York Ss July 29th 1725


Sworn before Me


Wm: Pepperrell Js: pce


A True copy .


(7) The Deposition of Joanah Stephens Testifieth and Saith that Sume Small time agoe I heard Lydia Bosby Say that She heard Jo's Keen was agoing to Kill her & that She was afraid of her Life for She Sd he thretned her Life & further I heard Tho's Bosbe Say he feard Jo's Keen would Kill him & further Saith I heard Sarah Keen Say that Jo's Keen held his Ax over Lydia Bosbys head & Said he would kill her


York Ss July 29th: 1725


Mistress Sarah Keen & Lydia Bosby personally appeared & owned the above Deposi- tion to be true before Me


Wm. Peppereell Js: pce


A True copy . ...


(8) Mary Rice of full age Testifieth that She heard Mistress Sarah Keen Say that Jo's Keen came w'th an ax Several times over Ledy Gusbys head and that Ledy Said She was afraid of her Life of him


59 Note Berry's spelling of the name.


207


COURT OF GENERAL SESSIONS, 5 OCTOBER 1725


York Ss July 29th: 1725, Mistress Sarah Keen & Ledy Gusby personaly appeard & Acknowledged the Above .... to be true


Before Me


Wm: Pepperrell Js: pce A True copy . . . . ]


In Answer to the request of Nathaniel Donnill of York for to keep a publick house of Entertainment, Its Consider'd that Inasmuch as he was not at home at the time of granting of Lycences & he having a Consider- able Stock of drink by him that he have Lyberty to keep a publick house of Entertainment till the Next Court of General Sessions of the peace to be hold[en] at York for Said County.


Abigail Stover being presented for not Attending the Publick wor- ship of God She Sending a petition to Aprill Court Last Seting forth She was not able to go to Sd Court In Answer to Sd Petition, It was ordered that She should be heard before Joseph Hill Esq'r one of his Maj'ts Justices of the peace for Sd County as per Sd Record appears and Sd Justice Hill makes return to this Court as on file appears in the words following, Mrs. Abigail Stover Appearing to Ans'r her pre- sentm't as on the other Side Mention'd for not Attending the Publick worship of God, It appearing that She was hindered by Providence from Attending, Its Considered that She be acquited paying fees of Court nine Shillings.


JOSEPH HILL Jus: Peace


[7:95]


In Answer to the Petition of Mr. John Woodbridge Seting forth that whereas he has had heretofore a priviledge of keeping a publick house of Entertainment &ct, & did not renew his Lycence at the time of Grant- ing of Lycences & having a Stock of Lycure by him In Consideration for his providing for this Court, Its Considered that he have Lyberty to keep a publick house of Entertainment till the Next Court of General Sessions of the Peace to be holden at York for Said County.


[Y. F. 1725-6, No. 3.]


[Exterior:] Mr. Woodbridges petition


York Ss


To the Worshipful the Justices of his Magesties Court of Gen'll Session of the Peace Setting in York in the County of York the 5th day of October. 1725


The Petition of Jno. Woodbridge of the afor sd York humbly Sheweth that wh'as Your Petitioner has heretofore had the Privilege of keeping a publick house of Enter- tainment by the Licence of this Worshipfull Court, which Licence Your Petitioner has not now renewed, and Yet has some of the Stores of Liquor &c remaining on his hands which [illeg.] will be a Sufferer by, if he have not Your Worships licence to Sell by


208


PROVINCE AND COURT RECORDS OF MAINE


Retaile in his house which he therfore humbly prays you will be please to grant to him until the next Sessions, and your Petitioner Shall ever pray as in duty bound &c


John Woodbridge


[In another hand, a more elegant:] John Woodbridge.60


Ordered that three pounds be pd. out of the County Treasury to Mr. John Woodbridge for keeping Courts in his house which is in full dis- charge thereof to this date.


ANNO REGNI REGIS GEORGII DUODECIMO


At a Court of General Sessions of the Peace holden at York within & for the County of York Jan'r the 4th 1725/26- present John Wheelwright, Joseph Hammond, William Pep- perrell jun'r, Joseph Hill & Sam'll Came Esq'rs.


The Grand Inquest are as followeth


[One name stricken.]


Rich'd Rice Form'n


Ralph Fernum


Job Burnum


John Furbush


Joseph Prebble


Sam'll Tobey


Daniel Junkins


Clem't Dearing


Robert Knight Etherington Hearl


Joseph Hartford appeared to this Court to Answer his presentm't for profane cursing & being Convicted Its Considered by the Court that he pay a fine to the poor of the Town of Kittery of 5s & Cost of Court 8s & Stands Committed.


Thomas Jenkins Sworn in Court Sealer of weights & Measures for the Town of Kittery


John Spenney of Kittery Appel't vs Dominis [sic] Rex Appellee from a Judgment given against the Said John Spenney by William Pepperrell Esq'r one of his Maj'ts Justices of the Peace for Sd County as per the Recognizence on file appears; Its Considered by the Court that the Sd. Sentence be reversed, the evidences not being Sufficient to prove the Compla't & that the Said John Spenney be acquited paying Costs of Court 38s5 & Stands Committed.


[Y. F. 1725-6, No. 5.]


[1. Attested copy of the warrant issued by William Pepperrell, J.P., 1 November 1725.]


York Ss To the Sheriff of the sd county of York his Under Sheriff or Deputy or Con- stable of the Town of Kittery Greeting


Whereas complaint is this day made to me the Subscriber one of his Maj'tys Justices of the peace for sd county by Sarah Keen of Kittery aforesaid widow, that on or about


60 Which of these is Woodbridge's signature, this editor does not know.


Josiah Winn


Thom's Kilpatrick Benj'm Hatch John Davis


209


COURT OF GENERAL SESSIONS, 4 JANUARY 1725/26


the 21st day of October last past, John Spinny of Kittery aforesaid weaver did Scandalize & abuse the sd Sarah Keen in Saying She was a witch & at the Same time Swore by God that She was a witch & Said he could prove it, w'ch words where [sic] Spoke by sd Spinny at his fathers house in Kittery aforesd. These are therefore to require you in his Maj'tys Name that you forthwith apprehend the sd John Spinny & him forth with to bring before me the Subscriber or Sum other of his Maj'tys Justices of the peace for sd county to answer to what shall be Alleag'd against him on his Maj'tys behalfe relate- ing to the premises as Likewise to the sd compl't. Hereof faile not at your peril. Dat'd in Kittery this 1st day of Nov'r in the 12th year of his Maj'tys reign Anno: Domini 1725.


Wm Pepperrell


A True Copy Exam'd by Wm Pepperrell J: peace


You are likewise required to give personal Sumons unto Esther Keen, Martha Ryce, Mary Ryce & Rob't Cole that they appeare as above mention'd to Testifye to the Truth of what they know relateing to the premises


Wm. Pepperrell J: peace


A True Copy Exam'd by Wm Pepperrell J: peace


[Reverse:]


York Ss. 2nd Nov. 1725


Pursuant to the within warrant to me direct'd I have apperehend'd the body of John Spinny & Sumon'd all the within nam'd persons


A True Copy Exam'd


per Nath'l Fernald Constable per Wm Pepperrell J. peace


[2. Pepperrell's report of the hearing before him.]


York Ss. Nov'r 2d 1725:


This day John Spinny was bro't before Wm Pepperrell Esq'r one of his Maj'tys Justices of the peace for sd county for Scandalizeing and abuseing of Sarah Keen on the 21st day of October last past in Saying She was a witch as per the process; Several Evidences being taken & the case being fully heard Its considered that the sd John Spinny pay a fine to the Use of his Maj'ty of five Shillings & fees of Court 33-5 and give bond with Sufficent Surety for his good behaviour untill the Next Sessions. The sd John Spinny appeals from this Judgm't to the next Court of gen'l Sessions of the peace to be holden at york for sd county and the sd John Spinny principle, George Finex and Paul Williams Suretys, Acknowledge themselfes to be holden & Stand firmly bound and Oblig'd unto our Soveraign Lord the King in the penal Sum of five pounds lawfull money [etc.]


[There follows the condition, and the bond memorandum of Spinny and his sureties for his appearance, and for his good behavior "in the meane time." This is an attested copy.]


[The next five papers in the case are depositions taken at the Justice's Court on 2 Novem- ber, 1725. The witnesses were clearly brought in by the complainant, Sarah Kene.]


[3.] The Deposition of Easther Cane of full age testifyeth and Saith that on or about the twenty first day of October Last past I this depon't was at the house of Mr. Sam'l Spinnys & Jno. Spiney the Son of the Said Sam'l Spinny told me that my mother was a Damn'd witch & Said by god he could prove her one by a dosen wittness's and further Saith not


York Ss: 2d Nov'r 1725: Sworn before me




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