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4 offered in evidence a certain John Smith to prove that he heard a certain Thomas Hammond a very old man born as the said Thomas Hammond said in the year 1701/2 or 1702 the said Smith could not recollect which day the said Smith declared the said Thomas Hammond who is now dead, seriously inform him that when he was a lad of between ten and twelve years old, the women above mentioned were brought in a ship and that they were called Indians had the appearance of Indians and had long straight black hair hanging down to their waists that Mary was an old woman and Bess a girl of abt 12 or 13 years of age said to be the grandaughter of Mary, to the admission of which evidence to prove what he heard the said Thomas Hammond say when not on oath, the defendant by his counsel objected but he was overruled by the Court, who admitted such testimony to go to the jury to which opinion of the Court the defendant by his Counsel excepted and offered this Bill of exception praying that the Court would Seal the same and make it a part of the record agreeable to the act of assembly in that case made and provided Rich'd Parker (Seal) Jas. Henry (Seal) Wednesday the 7th of September 1791 Sarah, Andrew, Ned, Sam, Hannah, Milly, Judy Sarah, Rachel, Molly, Rachael, Tom, Sukey, Judy, Thaddeus, Winney, Charlotte, Dorcas & George Indians Pls against John Davis admor of Thomas Smith dec'd deft } In trespass assault battery and false imprisonment The Jury sworn in this cause this day returned into court and upon their Oaths do say that the plaintiffs are free and are not slaves as they by replying have alledged, and they do assess the Damages of the plaintiffs by occasion in the declaration mentioned to one shilling. Therefore it is considered by the court that the plaintiffs recover against the defendant their damages aforesaid in form aforesaid assessed, the defendant may be taken &c