London To witt.

The King against Mark Halpenn< no role >
on the Prosecution of Peter Hawkins< no role >
for an Assault

Mark Halpenn of Shacklewell hall in the County of Middlesex
Gentleman the above Defendant Maketh oath and saith that being bound over to
try the Traverse of the Indictment in this Cause this Deponent in Order thereto on
Wednesday last Caused Notice thereof to be given to the above Prosecutor by this
Deponents Attorney Master David Cole< no role > that this Deponent would try the Same this
present Sessions and Accordingly this Deponent Gave Money and Positive Orders
to his said Attorney to Subpena his Witnesses and prepare for the Fryal of the
Said Indictment at this present Sessions pursuant to the said Notice And this
Deponent actually fees Councill to Defond the Some for this Deponent at this
present Sessions And this Deponent further saith that by the Appointment of the
Said Attorney he attended at Saint Dunstans Coffee house in Fleet Street on
Thursday and Friday last to have Notice from his said Attorney when the Tryal
was to Come on this Deponent being ready and Desirons to have the Same tryed
at this present Sessions as aforesaid And this Deponent further Saith that
the said Master Cole left this Deponent about One a Clock Yesterday to Attend this
Court to know when the said Indictment Could be tryed as he Informed this
Deponent And returned again to this Deponent about four a Clock in the Afternoon
And Informed this Deponent that he had made Strict Inquiry and that there were
Seventeen Prisoners to be tryed And that the said Tryal Could not Come on that day
but the same would Come on as this day And this Deponent Saith that his Witnesses
were Served with Subpenas And would have Attended the Tryal of the said
Indictment as this Deponent Verily believes And this Deponent Saith that relaying
on the Directions and Information of the said David Cole< no role > this Deponent beleived
and took is for a Certainty that the siad Couse Could not be heard till this day
And which was the sole Cause of this Deponents not Attending the Court him self
to try the same yesterday, but this Deponent to his great Surprise was late last
Night Informed that he was Called in court Yesterday and that his Recognizance in Ordered
by the Court to be Estreated for his not appearing at this Sessions And this Deponent
further Saith that Meeting the Prosecutor Master Peter Hawkins< no role > by Fleet bridge
this Morning about nine of the Clock he this Deponent Informed the said Hawkins that
he would move this Honourable court ths day that the Order made Yesterday to
Estreat the said Rocognisance may be Discharged And that the said Recognizance may
be respited untill the next Sessions at which time this Deponent Intends to tey
the siad Indictment

Sworn the first day of June
One thousand Seven Hundred and
thirtythreeat the Court in the
old Bailey

Wm. Billers< no role > Mayr
Resworn at Justices hall in the Old Baylyon Saturday
the 1st: day of June 1734
By the Court

Mark. Halpenn