To Mr. Henry Charles Elsegood, the above prosecutor. Wm. Smee. The king on the prosecution of against John Green. Affidavit of the service of the last two notices. (0) William Smee, of Furnival's Inn, London, gentleman, maketh oath and saith, that he did on the sixth day of February instant, personally* serve the above named prosecutor, [* 292] Mr. Henry Charles Elsegood, with a true copy of the notice hereunto annexed (No. 1), at his house situate in Parkestreet, Grosvenor-square, in the county of Middlesex. And this deponent further saith, that he did, on the 11th of February instant, personally serve the said Mr. Elsegood with a true copy of the notice hereunto annexed (No. 2), at his house situate as aforesaid. Sworn in court, this 14th of February, 1815. day of Richards. The King Wm. Smee. Affidavit of service of defendant's J. D. on the prosecution of W. D. for an assault. notice of Middlesex. A. B. of, &c. solicitor for the defendant in trial of trathis prosecution, maketh oath, that on Saturday last, being verse (p) the at the dwelling-house of W. D. the prosecutor in this cause, situate in Soho-square, in the county of Middlesex, he, this deponent, did personally serve the said W. D. with a true copy of the notice hereunto annexed, and at the same time did inform the said W. D. of the contents and purport thereof; and this deponent believes that such notice hath not been countermanded. By the court. A. B. clerk of Middlesex. At the general quarter session of the peace of Order for our lord the king, holden in and for the service of county of Middlesex, at the session-house notice at for the said county (by adjournment), on peace's of Friday the 27th day of October, in the 56th fice. (9) year of the reign of our sovereign lord George the third, by the grace of God, of the united kingdom of Great Britain and Ireland king, defender of the faith. (0) Ante 1 vol. 488, 9. Ante 1 vol. 489. Ed. 298. (P) See form, Cro. C. C. 8th (q) Ante 1 vol. 489. The king John Brownsdon, Upon reading the affidavit of John Brownsdon, C 32, Wellesley-street, Euston-square, New-road, in the coun [* 293] of Middlesex,* gardener, the above named defendant Mason, of No. 4, Hampden-street, Somers-town, in the s county, carpenter, and Wm. Kems, of No. 32, Wellesi. street, aforesaid, carpenter, bail for the above-named defen. dant, it is ordered, that notice of trial to be left in the office of the clerk of the peace for this county for the first day of the next session, be deemed good service (in case the prosecutor or his present abode cannot be found in the mean time,) and that the recognizance for the defendant's appearance do stand respited. Notice to put off trial for absence of material witnesses. (r) . of M. C. on the prosecution of T. B. Mr. T. B. Take notice, that I do hereby countermand the notice of trial of the above indictment, dated the --day instant, and that I shall to-morrow, being the day of this instant at the sitting of the court at the new sessions-house on Clerkenwell-green, move the said court by counsel, that the trial of the above indictment may stand over till the next general (or "general quarter") session of the peace to be there holden, and that the recogni zance by me and my sureties entered into for the trying of the traverse on the above indictment at the ensuing sessions may in the mean time be respited, and the ground upon which this application to the court will be made, is upon an affidavit that I have not been able to serve or cause to be served with a subpoena a material witness on my behalf, without the benefit of whose evidence I am advised I cannot safely proceed to trial, of all which matters you have hereby notice, that you may come prepared to oppose the said application by counsel, if you shall think fit or be advised so to do. Dated this day of Your's, &c. The like in a more con. cise form. (8) To T. B. 1810. M. C. defendant in the above indictment. The king V.' the prosecutor in the above prosecution. Wm. Roberts, the younger. Take notice, that a motion will be made on the (s) 8 East. 33. Ante 1 vol. 492. (r) Cro. C. C. 8th Ed. 299. 8 East. 33. Ante 1 vol. 492. day of March instant, or as soon after as counsel can [* 294] be heard, that the trial of this indictment may be put off until the next summe assizes to be held in and for the county of York, on account of the absence of two material witnesses on behalf of the defendant. Dated this day of March, 1814. Your's, &c. Thos. Lake, solicitor for the above named defendant. To Messrs. Upton, Nicholson, and prosecutor. The king on the prosecution of Benjamin Musgrave, Affidavit by V. William Roberts, the younger. a defendant and his soli citor to put nesses are made to William Roberts, the younger, a prisoner in York Castle, off trial that the above named defendant, against whom a commission of material witbankruptcy hath been awarded and issued, and is now in pro-abroad, that secution, and Thomas Lake, of Dowgate-hill, in the city of ineffectual London, solicitor for the said Wm. Roberts, severally make endeavours oath and say, and first this deponent, the said Wm. Roberts have been for himself saith, that Joseph Linsley, the younger, formerly serve them of New York, in the United States of America, but now of with subpoe Leeds, in the county of York, merchant, and John Lambert, nas, but that of the same place, agent or traveller to Messrs. James they are exBrowne and Co. of Leeds aforesaid, merchants, are respec- in about a pected home tively material and necessary witnesses for him, this depo- month. (t) nent, the said Wm. Roberts the younger, as he is advised and believes to be true, and that he cannot safely proceed to the trial of the above indictment without their respective testimony; and this deponent, the said Wm. Roberts, further saith, that he hath lately frequently applied by letter to Messrs. Tottie, Richardson, and Gaunt, of Leeds aforesaid, solicitors, to enquire if the said Joseph Linsley was there, and this deponent was informed by the said Messrs. Tottie, Richardson, and Gaunt, attornies at Leeds, that the said Joseph Linsley was in the kingdom of Portugal, and that he was expected to return home from thence in the course of three weeks, and which information he believes to be true; and this deponent, the said Wm. Roberts for himself, further saith, that he has lately frequently applied by letter to the said Messrs. Tottie, Richardson, and Gaunt for them to enquire of the employers of the said John Lambert, at Leeds aforesaid, if he was there, if not there where he was, and when he would return home; and this deponent hath been informed by the said Messrs. Tottie,* Richardson, and Gaunt (and which information he believes to be true), that he is in Ireland, but is ex Grim Law. (t) 8 East 33. Ante 1 vol. 493. Nn [* 295] pected to be at Leeds aforesaid in a month or very shortly afterwards; and that he this deponent, the said Wm. Roberts, hopes and expects to be able to procure the presence of the said Joseph Linsley and John Lambert at the next assizes to be held at the castle of York, both of whom this deponent believes will be then ready and willing to attend the said trial. And this deponent, the said Thomes Lake for himself, saith, that the above named Joseph Linsley and John Lambert are material witnesses for the above named Wm. Roberts, and without whose testimony the said Wm. Roberts cannot safely go to trial of the above mentioned indictment; and this deponent, the said Thos. Lake for himself further saith, that he this deponent hath also frequently written to the said Messrs. Tottie, Richardson, and Gaunt to enquire if the said Jos. Linsley and John Lambert were at Leeds, and did, on the 23d day of March instant, send a subpana to be served on them to give evidence on the trial of this indictment at the present assizes; and that this deponent hath been informed by Messrs. Tottie, Richardson, and Gaunt, that the said Jos. Linsley is now in Portugal or on his return home, and that the said John Lambert is now in Ireland, but that they are both expected home in the course of three weeks or a month; and this deponent, the said Thos. Lake for himself, further saith, that he hopes and expects to be able to procure the attendance of the said Jos. Linsley and John Lambert at the next summer assizes to be held in and for the county of York. And this deponent, the said Wm. Roberts, further saith, that he has in, or as of last Hilary term commenced an action of trespass, in his majesty's court of king's bench, against the commissioners Messrs. solicitors and assignees under the commission of bankruptcy awarded and issued against this deponent, bearing date on or about the 6th day of May last, to try the validity thereof. And this deponent, the said Wm. Roberts, further saith, that he did also, in Easter term last, file his bill of complaint in the court of exchequer against Wm. Walker and Geo. Coggill, of Wortley, in the said county of York, the petitioning creditors under the commission for the purpose of settling and determining the award or umpirage of John Hardy, of Bradford, in the said county, esquire, made between the parties; and that an injunction might issue to restrain the said Wm. Walker and Geo. Coggill from all proceedings at law against this deponent, and which injunction was granted on or about the 15th day of June last; and the said Wm. Walker and Geo. Coggill have not yet put in their answers to the said bill, and which suit and action are now pending, [* 296] and it is this deponent's intention to proceed to trial in the said action forthwith; and this deponent, the said Wm. Roberts, further saith, that he has also presented a petition to the lord chancellor for the purpose of superseding the said commission, and his lordship has been pleased to order that all parties, or their agents, are to attend him on the matter of the said petition, and the proceedings under the said commission are to be produced the then next day of petitioning, and the same has not yet been heard. Sworn, &c. This rule was obtained upon an affidavit of the defendant, Short affida. which, after stating generally that an indictment had been vit for putfound against him, charging him with breach of duty in his ting off trial. (u) capacity of commissary-general of stores, &c. in 1796 and 1797, (as before mentioned) concluded in the common form of an affidavit for putting off a trial on account of the absence of a material witness, that certain persons (by name) and several other persons were now in the West Indies; and that he was advised and believed that their evidence would be material for him upon the trial. trial on ab That the indictment was found on the 25th of June last, Special afto which he had pleaded without delay. That certain per- fidavit for sons (naming them) were acquainted with several of the putting off dealings and transactions which took place between the de- sence of mafendant and Matthew Higgins, in the indictment mentioned, terial witin the West Indies in 1796 and 1797, relating to the supply-ness. (x) ing the vessels, stores, and provisions, &c. in the indictment. And that, amongst the other witnesses referred to but not named in the defendant's first affidavit, resident in Barbadoes, &c. or some of the other leeward islands, whose evidence he was advised and believed would be material for him on the trial, was W. W. who he believed was now resident in Barbadoes, and who, during the years 1796 and 1797, was the clerk and book-keeper of the said M. Higgins, at head-quarters; and who kept and settled many accounts between the said M. H. and the defendant, respecting the vessels, stores, &c. supplied by M. H. for the use of the British army; and on the departure of M. H. was left as his attorney, and as such had other dealings on the same account with the defendant, and received payments on account. And it concluded with stating, that the application was not for delay, but to obtain evidence, which the defendant was advised and believed to be material. [297] Middlesex, (to wit.) A. B. of, in the said county, Affidavit of surgeon, maketh oath, and saith that C. D. of , yeo- illness, to exman, is confined to his house by severe illness, and that this cuse attenddeponent saw the said C. D. yesterday, and verily believes he ance at ses. is incapable of travelling without manifest danger of his life. Sworn, &c. (u) 8 East, 33. Ante 1 vol. 493. (w) See 8 East. 35. (x) See Toone, 7. This affida A. B. vit should be made by a medical sions. (x) |