Page:The English Reports v1 1900.pdf/461

For that heretofore, to wit, in the term of St. Michael, in the 22d year of the reign of our Sovereign Lord George the Third, King of Great Britain, &c. a certain action was depending in the court of our said Lord the King, of the bench at Westminster, between Grace Stokes, widow, plaintiff, and Thomas Carnan, late of St. Paul's Church-yard, in the city of London, bookseller, defendant, in a plea of trespass on the case, for converting and disposing of divers cattle, goods, and chattels of the said Grace, to his own use: and such proceedings were thereupon had in the same Court of the Bench, at Westminster, that an issue was in due manner joined between the said Grace and the said Thomas Carnan, in the plea aforesaid; and that the said issue so joined as aforesaid, afterwards, to wit, on the 30th day of November, in the said 22d year of the reign of our said Lord the King, at Guildhall of the city of London, situate in the parish of St. Michael Bassishaw, in the ward of Bassishaw, in London aforesaid, in due form of law, came on to be tried, and then and there was tried by a certain jury of the said city of London, in that behalf duly taken and sworn between the said Grace and the said Thomas Carnan, before Alexander Lord Loughborough, then and still being Chief Justice of our said Lord the King, of the said Court of the Bench at Westminster; and that, at and upon the said trial, it then and there became, and was made a material question, Whether a certain mare, of and belonging to the said Thomas Carnan, and which the said Thomas Carnan had then before, to wit, on the 18th day of December, in the 18th [103] year of the reign of our said Lord the King, sent to one Thomas Fowler, of Ponder's End, in the county of Middlesex, husbandman, to pasture in certain grounds of the said Thomas Fowler there, was accidentally killed, during the time the said mare was so at pasture with the said Thomas Fowler; and that the said John, at and upon the said trial, before the said Alexander Lord Loughborough, did appear as a witness for and on the behalf of the said Grace, and the said John was then and there duly sworn, and took his corporal oath upon the holy gospel of God, before the said Alexander Lord Loughborough, the Chief Justice aforesaid, to speak the truth, the whole truth, and nothing but the truth, of and concerning the premises so as aforesaid put in issue, between the said Grace, and the said Thomas Carnan; the said Alexander Lord Loughborough then and there having a competent authority to administer an oath to the said John in that behalf; and that the said John, being so sworn as aforesaid, and not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, and having no regard for the laws and statutes of this realm, nor fearing the punishments therein contained, but unlawfully and wickedly contriving and intending to pervert the due course of law and justice, and to cause a verdict to pass against the said Thomas Carnan, then and there, to wit, on the said 30th day of November, in the 22d year aforesaid, at the parish and ward aforesaid, in London aforesaid, in open court, at and upon the said trial, before the said Alexander Lord Loughborough, the Chief Justice aforesaid, falsely, wickedly, wilfully, and corruptly, upon his said oath, did say, depose, and swear, and give in evidence to the jurors of the said jury, in substance, and to the effect following; that is to say, that she, (meaning the said mare of the said Thomas Carnan, so as aforesaid put to pasture to the said Thomas Fowler's as aforesaid,) was (meaning during the time the said mare was at pasture at the said Thomas Fowler's) found dead in the ditch (meaning in the ditch of a field of the said Thomas Fowler, wherein the said mare of the said Thomas Carnan was pasturing); I (meaning himself the said John Truman) drawed her (meaning the aforesaid mare of the said Thomas Carnan) out of the ditch (meaning the aforesaid ditch) to cut up (meaning in order that the body of the said mare of the said Thomas Carnan might be cut up); I (again meaning himself the said John Truman) was present at the cutting-up all the time (that the body of the said mare of the said Thomas Carman was cut up; and that the said John Truman was present during all the time it was cut up); I (again meaning himself the said John Truman) was present during all the time it was out up; I (again meaning himself the said John Truman) took the skin (meaning the skin of the said mare of the said Thomas Carnan) to the collar-maker's; whereas, in truth, and in fact, the said mare of the said Thomas Carnan, was not, during the time she was at pasture at the said Thomas Fowler's as aforesaid, found dead in a ditch: and whereas, in truth and