Middlesex .

The King
agst.
Thomas Matthews< no role > Thomas Chawner< no role >
Henry Gardiner< no role > and Henry Howard< no role > }
On the Prosecution of
Samuel Lee< no role > for an Assault

Thomas Matthews< no role > of the Parish of Selbourn in the County of Hants Gentleman
Thomas Chawner< no role > of Fleet Street London Haber dasher Henry Gardiner< no role > of Rolls
Buildings Fetter Lane London Jeweller and Henry Howard< no role > of the Parish of Saint
Paul Covent Garden in the County of Middlesex Engraver the Defendants above
named severally make Oath and Say that Mary Usher< no role > of Martlett Court Bow
Street Covent Garden being present when the Affair which gave me to the
said Indictment happened between the Prosecutor and these Deponents they
accordingly gave orders to their Attorney to Subpoena her on their behalf And
on his going to serve her the said Mary Where with a Subpoena on Saturday last
in order to try the said Indictment this Sessions at Hicks's Hall she told
their said Attorney (as there Deponents are informed by him and which they-
believe to be true) that She had kept her Bed near Three weeks past and was-
then confined to for Room by a Severe and dangerous disorder and was then
Attended as She had been during all that time by a Physician and
Apothecary And therefore it would be to no purpose to Serve her with a
Subpoena as She could not possibly attend this Sessions as an Evidence
without extreme hazard of her Health And these Deponents Thomas
Chawner< no role > and Henry Gardiner< no role > for themselves severally say that they these
Deponents on Sunday last went to the said Many Usher at her Lodgings in
Martlett Court aforesaid and found her in a very weak Condition and She
them also told these Deponents that She was totally unable by her severe
illness to attend this Court to give Evidence this Sessions And this Deponent
Thomas Matthews< no role > for himself Saith that he this Deponent Yesterday went
to Mr. Minors of Charles Street Covent Garden who he was informed was
the Apothecary who attended the said Mary Usher< no role > in her said Illness in order
to gett the said Mr. Minors to make an Affidavit that She was not from
the Nature of her Disorder able to attend this Court to give Evidence as
aforesaid And that the said Mr. Minors then informed this Deponent that
he had attended the said Mary Usher< no role > during her said Illness And from
the Nature of her Disorder when he saw her the last Week he was-
confident and well aforesd the said Mary Usher< no role > would be totally unable and
would be attended with great hazard of her health was She to attend this-
Court the present Sessions which this Deponant believes to be true And that he the said Mr. Minors would have
made an Affidavit thereof himself but was so much disposed that
be could not attend this Court And all these Deponents Severally say