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Into court and being examined about the same said he heard Capt Calv[paper missing] say some words like it or to that effort could not charge his memory wth them in particular In the suit brought by George Home against Benja Grayson [bout?] this deponent heard Mr Mercer say at the tryall that he knew Home to be a rogue At a court held for the examination of Wm Sparks for felonious taking [attd?] of tobo out of the house of that Carney: Mr Mercer said yt the evidence was not full enough to prove the felony and that the court could only find and imprison him Capt Colvil said that as they were only an examining court he thought they had no[illegible] power Mr Mercer said they had and provided wth the court to be of his opinion and Sparks was accordingly fines fifteen hundred pounds of tobo. and imprisoned till he gave security for his good behaviour Mary Turner being imprisoned on suspision of being concerned wth her sons and others in comiting severall felonys Mr Mercer told ye court that they could not keep her in prison wth out some evidence appeared against her where upon the court upon the information of John [Zoning?] that he had seen an advertisement for apprehending such a [person?] in Maryland made an order that she should be sent into that province and she was soe Jacob Smith being taken and imprison’d for harbouring the sons of the above sd Mary Turner, and other felonious [illegible] in his house, and the evidence swore that the sd Turners and others were in Smith’s house when the constable and the persons whom he took to assist him came there to take them; and that Smith’s wife assist’d them in keeping the constable out of the house, so that they could not be apprehended, but it did not appear that Jacob Smith was at home at that time. Mr. Mercer told the court that Smith was not answerable for what his wife had done, and that he ought to be discharged upon giveing security for his good behaviour and he was discharged upon the same.

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