1781-01-12 (static/transcriptions/1781/01/010.jpg)

1781. 1 Term. [Friday] Jan: 12.

After the Evidence for the Plaintiff was closed.
Mr. Davies for the Defendant, Said he meant to call no Witnesses. Sir E. Impey. Do you not mean to call Witnesses in mitigation? We know from other Actions which have been tried in this Court, what Colonel Watson’s claim was, If you leave it as it now stands, it will appear a Trespass without any kind of pretence of right.
Mr. Davies. I have no Witnesses because Colonel Watson informs me he has no recollection of any such Transaction as the Witnesses have spoken of, or of being present when any such things were done.
I hope your Lordship will be of Opinion that though they do not rely on the Tresspass to which the first Witness spoke