The case of Mrs. Mary Stout, widow.

Date:
[1700?]
Catalogue details

Licence: Public Domain Mark

Credit: The case of Mrs. Mary Stout, widow. Source: Wellcome Collection.

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    THE O F Mrs. $larp ^3>t0ttt Widow. IN March i699. being within the fpace of a Year after the fuppofed Murder of Mrs. Sarah Stout, a Writ of Appeal was fued out of the High Court of Chancer? againRSpencer Cowper, Efq-, John Marfon, Ellis Stevens, and William Rogers Gent! in order for the Trial of them, at the Suit of one Henry Stout, Heir at Law to the De! ceafed, and the Appellant named in the Writ of Appeal, who at the time of Sums out fuch Writ, was about the Age of Ten Years. S Mrs. Stoat, the Mother of the deceafed, after fuch Appeal was fued out, canfed the fame to be delivered to one Mr. Boftock Toller, the Under-Sheriff for the Countv of Hertford, in order for his Apprehending of the Appellees mentioned in the faid Writ. _ And flie fearing, left he would be either Remifs, or unmindful, in the due Execution thereof, fome Ihoit time after, file fent a Neighbour of hers to Mr Toller to know what hehaddone, or would do, with the Writ; whether he had Executed the fame, or whether he would return the Parties were not to be found • which Meffage was duely carried, with a particular account, That Mrs .Mary Stout, the Mother of the deceafed, was the Perfon that lent the fame. To which Mr. Toiler returned this anfwer, Mrs. Stout is a very bufie, uneafie Woman ; but however, when the Writ is out, I will make fuch Return thereof as the Law directs. Mrs..Stott having received fuch an Anfwer, and expecting to have a Return of the Writ, according to Mr. Toller’s promife, on the 13 th of April following was in order thereto, and for the further defigned Profecution of the matter, dulyadmitted Guardian to the Appellant; and as fuch, on the 15th of the fame Month of April being the firli day of the then EafterTcrm, appeared Perfonally in the Court of Kind’s Bench, in order to Arraign the Appellees, in cafe the Under-Sheriff ftould have returned them taken. . Upon fuch attendance of Mrs. Stout, Mr. Teller was frequently called, pending the whole time the Court fate (the Writ being then Returnable) to make a Return of the U lit. But he made default, and inffead thereof Mr. Marfon, one of the Appellees appeared in Court, and prayed either to be Arraigned or Difcharged • Tho the Writ was not then, or ever fince, feen or returned in Court; fo that fuch Mr. Marfon s motion appearing only to be a Shew, or Bravado, no damage or ad¬ vantage being to be fuftained or gained to him thereby; the fame was rejefled. Upon the fecond day of the fame Term, the Court of King’s Bench was moved on the behalf of Mrs. Stout, that a fhort day might be appointed peremptorily for Mr. Toller to make iris Return. But then (tho’ Ah> Mfir,o:! knew of the Writ of Ap¬ peal’s coming to Mr- Tollers hand, as1 appears by his praying an Arraignment but the day before,) it was fuggefted in Court, That no Writ of Appeal was ever left if:A1-- i ■' ' ■ ■ ^yifh