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Trial of Thomas Corker

Maryland Provincial Court

5 Nov 1668



Maryland Provincial Court, Liber FF, Folio 652
Let it be enquired for the Rigt Honble the Lord Proprietary if Thomas Corker in Charles County in port tobacco Creek planter On the twenty fourth day of Octobr in the yeare of Our Lord God One thowsand Six hundred Sixty Eighte and in the Seaven and thiretyth yeare of the Dominion of Caecilius &c: att the howse of Clement Theobalds in port tobacco Creek aforesaid in the County aforesaid upon Richard Turner by force and Armes ann Assault did make with a Certaine gunn of the value of Tenn shillings which hee the said Thomas Corker in his right hand then & there did hold divers wounds in the body of him the said Richard Turner did make soe that of the said wounds the said Richard Turner immediately did dye and soe the said Thomas Corker the said Richard Turner then & there feloniously did Kill Contrary to the peace of his sd lopp his rule and dignity
Wm Calvert

The Evidences are
Clemt Theobalds
Ralph wormley
Tho. Knapp
Robert Benson
Mary Theobalds
Maryland Provincial Court, Liber FF, Folio 653
The Grand Jury being wthdrawne, The Court doth sweare all Evidences named to each bill aforemenconed in Court and after sent to the said Jury And the Court thereupon riseth

The Court being sett in the afternoon Sends for the Grand Jury who appearing was called and Answered every man to his name and delivers to the Court such bills as they were agreed off and endorced thereon as followeth

On the back side of Walter Pakes Bill or Indictment was these words (vizt) Billa Vera
On the back side of William Kees Bill or Indictment was these words (vizt) Billa Vera
On the back side of Thomas Corkers Bill or Indictment was these words (vizt) Billa Vera On the back side of William Benges Bill or Indictment was these words (vizt) Ignoramus

The Jaylor having brought his Prisoners into the Hall, The Cryer makes Proclamacon that his lops Justices was then agoeing to proceed upon the pleas of the Crowne to the arraignmt of Prisoners upon life and death
Maryland Provincial Court, Liber FF, Folio 656
The Court then proceeds to the tryall of Thomas Corker and William Kee, who being called to the Barr there held up theire hands, and the Bills being read that was found agt them by the Grand Jury they were demanded severally, whether they were Guilty of what they stood endicted or not Guilty who answered severally not Guilty, Being asked how they would be tryed Answered severally by God & the Country
Whereupon the sherriff being called delivers in a Pannell of Jurors whose names are as folioweth
Foreman Mr Joseph Horsley John Potts
Henry Hosier Thomas Hinton
Richard Attkins Clement Theobalds
Curtis Fletcher John Cock
John Staynes Walter Greene
Oliver Gery Jonathan Marler

The Jury being called every man by his name and answering thereunto were sworne severally
The Prisoners making no Challange &c The petty Jury being counted were twelve in number
The Jury then had theire Charge given them (in forme as was to the other prisoner) Concerning the Prisoners att the Barr, and that they should now heare theire Evidence
Maryland Provincial Court, Liber FF, Folio 657
Also then was Called Clement Theobald Ralph wormley Thomas Knap Robert Benson and mary Theobald to give Evidence on behalfe of the Lord Propr agt Thomas Corker now prisoner att the Barr all which Evidences appearing were sworne & examined in Open Court declaring to the Jury what they could say therein Which being done the Jury went from the Barr
The Jury of life and death being agreed came into Court to give theire Verdict, being called by theire names answered thereunto and ask if they were agreed of theire verdict answered yea, and who should say for them answered the foreman
The Prisoners was then called to the Barr and there held up theire hands

....


The Jury then was askt whether Thomas Corker the other prisoner att the Barr was Guilty of what hee stands indicted or not Guilty, Who delivered in a speciall Verdict in writeing as followeth (vizt)
The Jury doe finde the speciall matter thus (vizt) That Richard Turner was killed wth a gunn by Tho. Corker and the pray the advizmt of the Court if the Cort doe finde it manslaughter wee finde it manslaughter Otherwise Wee finde it manslaughter by misaduenture
The Court then askt the Jury where they finde hee was when hee was killed or shott, answered upon some loggs without doores asleep
The whole Judgmt of the Bench is that it was but manslaughter by admisaduenture The Jury was then demanded if he flye for itt who answered not to theire knowledge

Proclamacon being made in Court, The said William Kee and the said Thomas Corker was Clear'd by the same, noe person appearing to give further Evidence against either of them


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