Recognizance And this Deponent was continued upon
his lawn and the Recognizance which his two Sureties
entered into hill the Present Sessions And this Deponent saith
that be has been informed that he prosecutrix hath now Signed
Judgment of Non: Pros: against the said William Smith< no role > And
hath taken ant Execution there on And the said William Smith< no role >
being a poor Man absconds and keeps out of the way upon
Account of such Escastion being out against him And this
Deponent further saith that he gave Notice to the Prosecutrix
that he would appear at the Present Sessions and they the said
Indictment against him and that he attendedoathon his
Council every day Since the cornmen [..] ment of the said
Sessions to Know when the said Indictment would
Probably came on to be tryed And that be Suppeon [..] Sevarel
Witnesses on the different occasions and that he Knew not
till Yesterday last that every thing had been done according to
the Practice of this Court necessary to bring the said Indictment
to be tryed and that he was Yesterday informed that no
Seuire had been taken out and this Deponent having at the
last Sessions entered his Travence and taken ant the Venire
at a great Expense did not conca [..] it necessary at the
Present Sessions and that he really wishes to try the said
Indictment on the Merits And this Deponent Francis
Martin Hamilton< no role > Saith that he as Sollicitor for the other
Deponent Thomas Casey< no role > Paused to be entered the [..]
the said Indictment at the last Sessions and caused to be take
out the Venire and caused all things to he done necessary
according to the Practice of the said Court to being the said
Indictment to be tryed when the Judge would not proceed to
the tryal of the said Indictment as above set forth by the others
Deponent Thomas Casey< no role > as this Deponent is informed and
verily believes And this Deponent saith that he did not
conceive it necessary that any Traverse should be taken out
or Venire entered at the present Sessions same having been
direct the last Sessions And this Deponent saith that the
Travence not being before entered or Venire taken out was
owing to his want of Knowledge of the Practice in the said
Court and that this application to the Court is not made within
View to any unfair advantage for the other Deponent
Casey nor onany trick on the Prosecutrix And this Dept
further saith that same the commencement of the present Sessions
be frequently applied at the Cormeils door of the said Sessions
House to be admitted as well to conseld the Council for the Deft
as to be informed by the Officer of the Court what the Practice of the said
Court and what were the requisited to be done in the
Present