Middlesex Sessions

The King
agt.
George Allworthy< no role > }

On the Prosecution of James Barker< no role > for an Assault

Thomas Hine< no role > of Bail Court Fleet Street London Gentleman Maketh Oath
That he this D [..] was employed by the Defendant as his Attorney to Defend him
in the above pre [..] sentation And this Deponent saith that he did in the last session cause
Bail to be put in [..] appearance And this Deponent Further Saith That
he served the Prose [..] on the Ninth day of January Instant with Notice that the Defendant
would appear and try his Traverse on the above Bill on Wednesday the Fourteenth of
said January at the New Session House Clerkenwell Green And this Deponent Saith that
according to the Practise of this Court this Deponent ought to have given the said were
Prosecutor the above Notice on a before Wednesday the Seventh Instant for Monday the
twelfth Instant as this Deponent has been informed but which this Deponent by being
unacquainted with the Practice of the Court neglected to do And this Deponent further
Saith that the said Defendant was ready to have appeared and taken his Tryal If the
Prosecutor would have consented and attended And this Deponent Saith that not
having given the Notice in due time he did on the Tenth day of January Instant
apply to Mr. Mc Mullen attorney for the Prosecutor to know if the prosecutor would
consent to take the Notice as Served by this Deponent when the said Mr. Mc Mullen
informed this Deponent that the Prosecutor would not And this Deponent
further Saith that having used his utmost Endeavour to rectify the mistake
so made by him as aforesaid and having offerred to put the prosecutor in the
same situation he would have been in had this Deponent served the Notice in
due time He this Deponent did on the said tenth day of January personally
serve the said Mr Mc Mulllon with a Copy of the Notice hereto annexed purporting
that this Court would be moved on Monday the twelfth of said January that
the Defendants recognizance might be respited until the first day of the
next Sessions where the said Mr Mc Mullen told this Deponent that he had no
Objection thereto but could not consent to accept the Notice against the Order
of the Prosecutor And under the circumstances of this Case this Deponent
humbly hopes the Court will respite the recognizance accordingly in Order
that this Deponent may give the proper Notice the next Sessions

Sworn in Court
the 12th of January 1784}

Thos Hine< no role >

Hall