4     Provincial Court Proceedings, 1671.




           Liber J J whereupon the Clarke called to the said James Sail to hold up his
             P. 481 hand, which he doing the Clarke said Thou art here indicted by the
                 name of James Sall of Elke River in the County of Baltamore laborer
                 late servant of John Hawkins of Elke River aforesaid. John the
                 Negro, hold up thy hand, thou art also here Indicted by the name
                 of John the Negro Laborer being also a servant of the aforesaid
                 Hawkins. Robert Warry hold up thy hand, thou are here indicted
                 by the name of Robert Warry laborer being also servant to the afore
                 sayd John Hawkins Robert Speare hold up thy hand, Thou art
                 here indicted by the name of Robert Speare laborer being also ser
                 vant to the aforesaid John Hawkins, and also Tony the Negro hold
                 up thy hand, thou art here indicted by the name of Tony the Negro
                 being also servant to the aforesaid John Hawkins. for that you
                 the sixteenth day of ffebruary in the nine and thirtieth yeare of the
                 Dominion of Caeci!ius &tc in and upon the said Hawkins then your
                 Master by force and arms &c that is to say with certain Axes of
                 the vallue of forty pence which you the said James Sall John the
                 Negro Robert Warry Robert Speare and Tony the Negro then and
                 there did Severally hold in your hands, and upon the forenamed
                 Hawkins then your Master then and there in the peace of God and
                 the Lord Proprietary being volluntaryly of your mallice before
                 thought of did make an assault and the same Hawkins then your
                 Master then and there with the said Axes feloniously and Traytor
                 ously upon his head strongly and stoutly did Severally strike so that
                 by the said stroakes the head of the said Hawkins then yor said
                 Master was then and there broke giving unto him a mortall wound
                 upon the Right side of the head nigh to the Crowne breaking in
                 severall peices the skull of the head of him the said Hawkins of the
                 Depth of Three Inches and the breadth of One Inch and the length
                 of One Inch and halfe whereupon the body of him the said Hawkins
                 did imediately fall to the Earth and the said Hawkins instantly of
                 the said Blowes died so that you the said James Sall John the Negro
                 Robert Warry Robert Speare and Tony the Negro at Elke River
                 aforesaid of your mallice aforethought of the said Hawkins yor said
                 Master in manner and forme aforesaid vo!luntaryly and wickedly
                 feloniously and Traytorously did Kill against the peace of the Lord
                 Proprietary his Rule and Dignity.
                   what sayest thou James Sall art thou guilty of this petty Treason
                 or not guilty.
                   The said Sall answered (not Guilty)
                   Then the Clerke Demanded of him how he would be Tryed.
                   The said Sall Replyed by God and his Country.
                   Then the Clerke Demanded of John the Negro if he were guilty of
                 that Petty Treason or not guilty.
                   Who likewise pleaded (not guilty) and for his Tryall put himself
                 upon God & t!ic Country.