Bermuda Court of Assize Records
6 & 8 December 1731
AZ102/6 (microfilm), page 314-315, 3328 (only a few pages available to the transcriber are presented here):
Bermuda
Att his Majesties Court of Assize Oyer and Terminer and Genll Gaol Delivery & Comon pleas held for these Islands at the Sessions House in the Town of St Georges on Monday the 6th day of December 1731.
Before the Honble William Outerbridge Esqr Chief Justice, John Darrell & Moor Darrell Esqrs, Jusges & Assistants of the said Court.
Mr Richard Tucker Depty Marshall, Tho: Bostock Clerk & John Chapline Cryer of ye court.
The court being calld & satt &c His Excellency the Governors proclamation for suppressing vice was read by the clerk. And the Genll Pannell of Jurors returnd by the respective justices, ws calld over, who all appears except some excused. (vizt)
St Georges Pembrooke Hamilton Pagetts Smiths Warwick Devon: Southamton Sandys Benja: Wright Joseph Underwood Capt Rich'd Somersall Israle Brownlow Thos: Gilbert Benja: Tucker John Tucker Sr (sick) Capt Stephen Paynter John Tudor Daniell Jones John Pitt Sr (excused) Malachy Hall James Dickinson Charles Jones John Brownlow John Jones (excused) Sam:ll Conyers Corne's Williams Capt Jacob Johnson Will'm Tucker Aaron Gibbins Will'm Brereton William Ball Nath: Conyers Sr Jacob Cox (lame) Benja: Morgan Nath: Bethell (sick) John Colson John Robinson Henry Rosts Joseph Thornton Joseph Jones (excused) Samuel Tucker Geo: Wainwright George Dickinson Joseph Evans Joseph Wright Joseph Styles Will'm Gilbert Christiphor Arthur Sam:ll Spencer Nath:ll Prudden Sam'll Tatem Sam:ll Baisden John Poulton Sam:ll Asskew John Whitney Giles Corbusier Nath:ll Prudden Anthony Peniston Jeremiah Wells Jacob Hall (excused) Joshua Hill Paul Paynter page 328:
Att the Court of Assize on the Eighth day of December aforesaid.
The Court call'd and satt &c. and gave their opinion & judgement as follows (viz't) It is the opinion of the Court that the action, John Joell v; the Executors & Executrixes of Samuel Sherlock Esqr be tryed by a jury.
Issue joyned. Whereupon the Jury following were sworn to trye the issue (viz't).
Mr Benjamin Tucker foreman Anthony Peniston William Brereton Joshua Hill Samuel Askew Nat:ll Prudden Jnr Mr Joseph Thornton Joseph Evans Mr John Colson John Robinson Christopher Arthur Daniel Jones who were all dul sworn to trye the issue.
Then was declaration &c again read.
As also John Joells account amounting to L29:10:3 was read, and after credit given for L13:0:5 there remained L14:9:10 due to balance and he the said Jno: Joell desired he may be sworn to his said account. But it was opposed by the defend'ts for some reasons; and thereupon was another account (by them produced) and read, signed by John Joell the pl't, wherein was ye ballance due to him was L7:2:10, for which he had before then given his receipt in full, but said that a legacy given him by his father Joell dec'd, and no wayes concerning his other accounts, for which he now seweth.
Then was Edward Jones of St Georges Esqr sqorn on behalf of the defend'ts who declared that at the time of arbitration (this depont. being.....
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