Into Court and being Examined about the same said he heard Capt Colvil 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 Gent this Deponent heard Mr Mercer say at the tryall that he knew Horne to be a rogue At a Court held for the Examination of Wm Sparks for felonious takeing a hhd. [hogshead] of Tobo: out of the house of Thos Carney: Mr Mercer said yt the Evidence was not full enough to prove the felony and that the Court Could only fine and imprison him Capt Colvil said that as they were only an Examining Court he thought they had no such Power Mr Mercer said they had and prevailed wth the Court to be of his opinion and Sparks was accordingly fined 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 whereupon the Court upon the informacon of John Young that he had seen an advertisement for apprehending such a [person?] in Maryland made an order that she should be sent into that Province & she was soe Jacob Smith being taken and imprison’d for harbouring the sons of the above sd. Mary Turner, & other felonious psons in his house, and the Evidence swore that the sd. Turners & others were in Smith’s house when the Constable & the psons whom he took to assist him Came there to take them; & 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, & that he ought to be discharged upon giveing Security for his good behaviour & he was discharged upon the same.
[added later in pencil] 22 1