The King agt. Mary Wells< no role >
.
Joseph Higginson< no role >
of the Parish of St. Andrew
Holbourne in the County of Middx
Pawn broker maketh oath that he this Depont. became bound by a certain
Recognizance Conditioned for his personal appearance at the Session of Oyer &
Terminer holden in & for the County of Middx aforesd. in the Month of May
last past to prosecute the Law with effect & give Evidence against Mary
Wells< no role >
for a fraud & misdemeanor And this Depont. further on his oath
Saith that according to the Condition of the said Recognizance to this Depont.
at the Said Session of Oyer & Terminer holden for the said County did Exhibit
a certain Bill of Indictment against the said Mary Wells< no role >
for the said fraud
& misdemeanor And that after the said Bill was returned by the Grand Jury
to be a true Bill He this Depont. did personally attend the said Session
in Order to prosecute & give Evidence against the said Mary Wells< no role >
upon
her Trial But that the said Trial did not come on at the said Session
And this Depont. further maketh Oath That he this Depont. did also attend
at the present Session of the Peace and Oyer & Terminer holden for the County
aforesaid to prosecute & give Evidence as aforesaid and did cause the said Mary
Wells< no role >
to be brought [..] from Newprison by order of this Court to take her
Trial here at this present Session but thro' the Multiplicity of the business of the
Court, as this Depont. believes, the Trial of the said Mary Wells< no role >
did not come on
till Saturday morning last past when this Depont. being detained at home
by unexpected business and believing the said Trial would not have come
on so soon in the morning as it did The said Mary Wells< no role >
took the
advantage of his, this Deponts. absence and was acquitted for want of
prosecution which was not with [..] the intention & design of this
Depont. in as much as he this Depont. together with his witnesses were here
in Court within a few Minutes after the said Mary Wells< no role >
was so acquitted
as aforesaid.
J Higginson
Sworn the 18th. Day of
June 1736 before me
J Poulson