done And this Deponent Saith that he caused several of his
Witness's to be Subpena'd to attend the Tryal of this Cause at the present
Session But this Deponent Saith that on Wednesday last on going to
Subpena Mr. Ben Landers Hargrave< no role > a Material Witness for the Dept.
on the Tryal of this Cause he was informed by the said Mr. Hargrave's
Foreman that he was then gone on very particular business to Colchester
in the County of Essex and would not return for some Weeks and
which Information this Deponent believes to be true and this Deponent
Hargrave being a very Material Witness for this Deponent on
the Tryal of this Cause he proposed sending or going down to
Colchester aforesaid in order to Subpena the said Mr. Hargrave
to attend to said Tryal at this present Session but upon consulting
this Deponents Solicitor he advised this Deponent to Wait the said
Defendant's giving Notice of Tryal before he this Deponent put
himself to such an Extraordinary and heavy expence in Addition
to that which this Deponent hath already incurred in and about this
Prosecution And the said Defendant not having given any
Notice of Tryal for this Session (which he not being in the
Ordinary course of Tryal this Deponent is informed and believes
by the practice of this Honorable Court he should have done) And
this Deponent not being fully prepared for such Tryal by reason
of the Absence of the said Hargrave as before stated directed (asked
was advised by his Councel for the reasons aforesaid) that the said
Writ of Habeas Corpus should be withdrawn which as this Dept.
hath been informed and believes was accordingly done and
further that by reason the the said Defendant did not give any
Notice of Tryal this Session this Deponent did not make any
further or other preparation for the Tryal of the said Cause and
this Deponent Saith that Yesterday being informed that the said
Defendant intended to being himself up by Habeas Corpus in
Order to take his Tryal on the said Indictment at this present
Session directed his other Witness's to be Subpena'd in order
to be as ready as possible by this day to have proceeded to Tryal in