Hicks Hall
January Session
1774

The King on the Prosecution of
William Wisnan
agt.
John Barmby< no role > and Hannah < no role > his wife
(Indicted by the Name of Martha < no role > )
Richard Downs< no role > and a mary < no role > his wife
(Indicted by the Name of Ann < no role > ) John
ward< no role > and George Hawkins< no role > }
For a
Misdemeanor

John Barmby Richard Davis< no role > John ward< no role > and George Hewlins< no role > four of
the Defendants above named upon their Oaths each deposing for himself
say That they cannot with any Degree of safety try the Traverses in this
Prosecution at this present Session without the Testimony of one
John MacDonald< no role > Donald who these Deponents severally say is a
material witness for them and each and every of the Defendants and the
Reason these Deponents came of have the benefit of his Testimony on the
Trial of the above Indictment (if the same was ordered for this Session) is
because he the said John Macdonald< no role > now is and for some Time past
hath been in the workhouse of the Parish of Saint Dunstan in the
went in the City of London on a Risk Bed and is at Present so ill
that he can service in Her an Int [..] able Word and is not by any means
able to attend the Tryal at this present Session And these Deponents
further say that being willing to comply with the Order of last Session
used every Effort to come to afair Arbitration so as the same might be
finally determined But the said John Macdonald< no role > the material as
Witness as aforesaid being so extremely He as to be totally unable to give
Testimony before the arbitrator appointed by the Court the Defendants
would not properly come before him because the Arbitrament or Award for want
of such Testimony (which is essentially material) might have been given
[..] the Defendants and these Deponents Say that the Time Rented
by the said Order being for this Sessions and the said Material Witness
John Macdonald< no role > being still sick it is impossible for them or any of them
saftely to go to Tryal Therefore desire their several Recognizance
may be Respited till next Session

Sworn in Court the Fifteenth Day
January 1774 Before}

W:

John Barm< no role > by
Ricd. Down< no role >
John Ward< no role >
Geo. Hewlins< no role >