In 1663
Daniel Wind aged 21 yeares or thereabouts sworne & examined [p. 258]
in a difference depending betweene Robert Robins and Richard Dod
[Dodd, b. 1633] in an accõn of the Case of Trouer and Conversion sayth that
the
Mare that was called Robert Robines hee faught out of the tobacco howse and that she was afterwards sadled and bridled and that
Richard Dod afterwards had her into his Custody and that hee never
see the Mare returne againe
& further sayth that the Mare was put
up in the tobacco howse for Robert Robinses Use and the Widdow
Weekes
and further sayth that Robert Robins did desire Rich. Dod
to call att Capt Jenkinses for a Rope to secure the Mare,
and att
prseflt Remembreth not and further sayth not—
Jno Nevill [Neville, 1612-1664] aged 50 yeares or thereabouts sworne & examined in
a difference depending betweene Robert Robins and Richard Dod in
an accõn of the Case of Trouer and Conuersion sayth that
hee saw
a mare that was loose in the woods by Thomas Bakers fence and
as they say hee had not come up wth the Mare but the Widw Weekes
lent it him and to the best of this deponants sight the said Dod did
endeavoure to Catch the said Mare, and the said Dod did desire
John Blackwell to helpe him Catch the said Mare and the said Blackwell went after her and did turne her and they could not Catch her
and further sayth not
Sarah [Bonner] Doughlas Sworne and Examined in a difference depending
betweene Robert Robins and Richard Dod in an accõn of Trouer
and Conversion sayth that
ther was a discourse about the Mare att
this deponts howse and that Rob: Robins asked Richard Dod whether
hee would looke after the Mare and the said Dod replyed that hee
would not take her up if hee see her att his Doore
and further sayth
not
Elioner Morrice [Morris] aged 21 yeares or thereabouts sworne and examined in a difference depending betweene Robt Robins and Richard
Dod in an accõn of trouer & Conuersion sayth that
she was a liver
in Thomas Bakers howse and that she did see a Mare or a horse or
some such thinge and Richard Dod went to Catch this Mare and that
hee carryed 2 eares of Corne wth him to Catch the Mare but could
not Catch her,
Mr Nevill asked him whose Mare it was and hee said
Dod said it was Robert Robins Mare and further saith that Richard
Dod did say that either Rob: Robins or the Widdw Weekes did lend
it him but which of them it was this Deponant remembreth not
And
further sayth not
The deposition of Edmund Lindsey Sworne this 9th ffeb: 1663
This Deponant sayth that
about 2 yeares and a halfe agoe hee
Came to Mr Gerrards plantacõn att West Wood to looke after a
Mare that went away from Mr ffowkes
and the Servants and Overseere there told this Deponant that they saw this Deponants Mare
that hee looked after, and Rob: Robins Mare and another horse of
Mrs ffowkses alitogether, and they told this deponant that the next
morning they would send some with hime this Deponant and helpe
him to Catch them that hee might bring them home
And the next
morning goeing they prsently found them all and Robert Robins Mare was then wth them and giving her the said Robins Mare Come this depont caught her by the foretopp, but she flowng away from
him and soe catcht none of them
And hee never heard or could see
any of the said Mares till Aug following
and then Mr Trumane cormming to Mr ffowks formerly Mr Chandlers told this deponant that
hee saw such strawed Mares att Petuxent where John Cornelius lived
and happyly they may bee the Mares, this deponant enquiring after
and goeing along with Mr Truman they found the Mares there and
Robert Robins Mare had a Mare ffoale wth her the Mare was a
darke Bay, and the ffoale of a mouse Culler
and the mare had a
little slitt or a little bitt taken of, of one of her Eares as neere as
this deponant could Guesse and now remembers,
But hee this Depont
brought Mr ffowkes Mare home wth hime leaving Rob: Robins Mare
there and never saw her since and further this deponant sayth not
Juro Cormee
the marke of
Wm Bretton
Edmund X Lindsey
The defendt Craves to know whether any of the plantiffs evidences can or doe Sweare soe positively (or rather desperately) that,
that was Robert Robins Mare that hee pretends to have lent us,
and
not that Mare Rob. Clarke Esq recovered of him hee the said Robins
himselfe the Pretended Owner affirming it to bee his, and the very
Same hee alleadged wee had of his in Our possession
The defendt likewise humbly requesteth this honble board that the
plaintiffe may bee enforced to prove that wee have his mare and
that wee Convert her to our owne use as hee hath declared agt Us in
his declaracon
Wee humbly Conceiues Our Selves to be acquitted
and by the said Robins sufficiently discharged from any Claime the
said Robins hath or ever had against us for a Mare by the said
Robins himselfe as more att large will appeare by the Oath of
Mr
Tho: Hussey
Henry Neale and
Wm Gether [Gaither]
After much Controversie the Board thought good to impannell a
Jury to take into theire Consideracõns the whole Bussiness depending
betweene Rob.Robins and Richard Dod
Warrt to sherriffe to impannell a Jury ret forthwth sherriffe
returnes his writt & warned
fforernan
Walter Peake
John Anderton
Rob: Hendley
ffran: Riggs
Francis Armstrong
Geo: Newman
Geo: Beck with
James White
James Veitch
Rob: Chysicke
Samuell Garland