Any the Motive) Cadrenoon to apprehend that neither of them could be called upon for any further
Estreatof Mr. Wallers times

And so sensible were the late Sheriffs Agents, that Mr. Waller was the only proper Person
to be called on, That they applied to the Court to Coinpel him, as late Clerk of the Peace to make the
return in Question; and accordingly an Order was Enlarged; And by the
Difficulty of Access to him, much Delay was Occasioned; during which time in any of the Suitors
Sollicitous to get their Recogns discharged made frequent Applications for the Purpose, but
Mr. Waller detaining the Books, the Sessions could do nothing therein more than to respect their
Orders for Mr. Waller to Deliver themat length

Mr. Waller being Pressed in the Court of Excheqr for the return of this Estreat a Rule was
made in Easter Tenn for him to shew Cause against an Attachmt. for not returning it, Whereupon he
shewed Cause by Affidavits by himself & David Rees< no role > wherein he alledged that he was Arbitrarily
discharged from his Office in September 1770 & the Key of the Record Room & most of the Records taken
from him & delivd; to Mr. Butler his Successor who appointed Mr. Jefferson his Deputy, who as he
believ'd had in his Custody or Power all the Records Books & Papers necessary for making out and
returning an Estreat between the 4th. Septr. 1769 & 10th. Septr. 1770, And that he (Waller) had not any
Records Books or Papers to make out And return such Estreat, And Rees alledged that had been
Preparing an Estreat & should have returned it but was presented by Waller's Discharge and
several of the Records taken from him; and also several of the Papers among which was the
Draft (vide the Affidavits themselves)

27 May 1712

Upon this shews cause Order (A) was made for Mr. Butler & Jefferson to Answer the Affidavits and set
forth what Records Etc. they had, & that they all should attend on the last Day of the Term & produce them.

B [..] of Mr Buller &
in Jefferson sum
1st June 1772.
C Affl of Jno Parry< no role >

In Obedience to this Order Mr. Butler & Mr; Jefferson attended & Produced all the Records that came
to their Hands & Verifyed the same by the Affidavits (B and C) wherein they speak to the Demand of
the Records and what had then been Obtained by them & how, & that the Draftmentd, by Rees they knew
nothing of, That Mr. Butler had made an Estreat of all he couldThat Mr. Waller Or Mr. Rees had
several Records necessary for making the Estreat particulary the Sessions Books of 1769 & of Janry
& Febry 1770 & also the Recogn themselves of Febry April & July (& in fact they had those in
Septr. 1769 & Janry 1770 also) & that there were not any Records Etc. necessary for making out the
Estreat in the Record Room as suggested in Waller's Affidavit Etc. Please to peruse there Affidavits
which contain a very full Answer to those sworn by Waller & Rees.

Tho' Mr. Waller had been Pleased to Swear he had none of the Records Etc. necessary
for the Estreat in Question yet when he came to produce, it appeared that he had the
Principal Part of the Essentials

Upon the mutual Production of Records the Court contrary to the Expectation of every
one was pleased to make the Order (D) for those in Mr. Waller's Custody to be delivd.into
Mr. Jefferson & him to return the Estreat & the former Order to be Enlarged to the first day
of the Trinity Term

The Chief Ground of this Order, seems to be Jefferson's having been Waller's
Deputy, for two of the Sessions, vizt. October & December 1769, But'tis Submitted that, that can
be no reason at all, for the Two Books of those Sessions are or should be in a very clifft. state that
when Jefferson delivd. them to Waller by the Progress & Conclusion of the Business comenced
at those Sessions which none but those who attended afterwds, could know unless very accurate
Memorandum &Remarks had been continued during the time they remain'd in Mr. Waller's
Possion (which was till the last Day of the Easter Term) the reverse whereof has been found to
be the Case, so that nothing therein can be relyed on and if that be the Cave with respect to the
first two Books the Objection is still greater with respect to the others made & continued entirely
by Mr. Waller or Rees, And which it seems were not made up & the Recognd set down therein till
after