of the Table in the Court Room some Files of Indictments & Recognizances of the Year
1769 And the File of Indictments and Recognizances of Janry Sessions 1770 And the
Files of Indictments of the Two following Sessions in Febry & April without Recognizances
And upon going upstairs they found the Key of the Record Room in the Door But they
did not then or at any time since to their Recollection or belief find any Records Books
or Papers necessary for making out the Estreat in Question in the said Record Room
or elsewhere And the said Thos Butler and Jams Jefferson respectively say that the
Court being still under great difficulty to proceed on the Business for want of other
Records Files Books and things detained as they the said Thos. Butler & Jams Jefferson
believe by the said Jams Waller or at his Office or Chambers, An Order of Court was
made on the Second Day of the said Session being Tuesday the 11th Day of the same
September for the said James Waller< no role > to deliver or cause them to be delivered into
Court at Hick's Hall And that in Consequence thereof some few Precepts and Writts
of Certiorari and Twelve Recognizances for appearance at that Session And the
Callender of Indictments were brought into Court from the sd. Jams. Waller that the
said Thos Butler & Jams Jefferson have used their Endeavours to Obtain from the
said James Waller< no role > the residue of the Record Books and Papers belonging to the said
Office remaining in his Custody in Order to enable them the better to perform the
Duties of the said office But without Effect the said James Waller< no role > under pretence of
Applying to be restored to the said Office Insisting on his Right to Detain them, It
does also appear from the said Affidavit that several or any of the Records
belonging to the Session and in Particular the Draft of the Estreat in the Affidt.
of the said David Rees< no role > in this Matter mentioned to have been preparing by
him were not taken away by the said Thos. Butler or James Jefferson< no role > or either of
them or by any other Person whomsoever by their or either of their Privity or Procuremt.
nor do they or either of them know what is become of the same Draft, unless it be
still in the Custody of the said Jams Waller or David Rees< no role > Nor have any Books
Record or Papers belonging to the said office relating to the said Estreat been
delivered to them or either of them by the said James Waller< no role > or David Rees< no role > other than
as aforesaid But the said Thos. Butler for himself further Saith that besides the
Books and things so sent or delivered by the sd. Jams. Waller as aforesaid the Book
of Easter Session 1770 was by Order of the Sessions in Decr. Sessions following
delivered to him by John Wace< no role > of the Crown office Esqr . for the Use of the Court
And that at the time for making out the Annual Estreats of Issues Fines and
Forfeitures (Vizt) In Michas Term 1770 He caused an Estreat of such as had been sett