1786-12-23 (static/transcriptions/1786/12/463.jpg)

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Is [gold] on the Trial, and he prodced an affidavit of the absence of two material wtses whose attendance & Testimony he believes he shall obtain at the next session.
Mr. Yonge for the Prosecution –
Contended that it is discretionary in the Court to suffer the Deft. To Traverse or not as appears by the passage above quoted from 4 Blackst Com and that in the present case if Deft is not tried now he will probably escape entirely, the material wtnes being all mariners who are going on