Hear him:— "I Seth Burbank of Lawful age testifi and Say I have in my apinion a Good and metereal or Substantial defence in a action and Sute wherein Samuel Halkins and Samuel Raynols are pis and 1 am Dft and I set out as mutch as 4 or 5 weeks before the Siting of the County Court holden at Chelsey within and for the County of Orring in June last to Go to Connecticut and the Massachusetts Bay to obtaine eveclance for this Cause and another cause to wit Joseph Dwight a gainst me pending in Sd Court and also a nother Cause pending before Israel Convis Esq Jus Pas and whitch was I Belleive sofitiant time to make all needful preparation in Sd action. But I was tacón Sick at Hartland in this State and Lay there sick with the Collick 2 weeks and attended by a fesetion and then totally onable to make preparation in this part of the Contery and I prey to sd County Court to continu sd Cause until the then next term with a proper Depotion stateing these facts but could not prevaile and was a Bliged to appeale Sd Cause on a Demur and could not Give a proper plea on the mearits for want of the Coppys of a former tryal in the Superior or Supreme Court whitch the want of Health had Deprived me of obtaineing. But I Rote clown the hole Substance of the Plea that I nient to and now wish to Give in and presented to Mr. William Kibbe Esq who was then attending sd Court as atto for the plfs in Sd Cause So that the Pis mite have sofitiant Oppertunety to obtaine any Evidance they had in Sd Cause. I Sot out from home the next Monday after Sd Court Rose to Go after witnes or Depotions for this Cause and the other two above mentioned, but went first to Newborough and got the Coppys to make Sd plea by and was advised by Counset Larned in the Law to Git my witnes first and then have the plea made, and I proceeded after Sd witneses whitch in the hole Causes a hove mentioned were Scattered from the upper Cowas at Lancaster and down in to Connec ticut and premiscersly in every State on each
Side of Sd River, one in Wilmington in this State and in the State of Masechusets Bay as far east as twenty five miles to the South ard of Boston, and one was Removed to Albany Whitch I did not go after for want of time. And I proceeded after those in Connecti cut Maschusets and that at Wilmington and usd the utmost of my abiltes to obtaine Sd witneses and to Return without delay as Loos of time and Returned as far as Hartland in this (state) the Last day allowed by Rules of this Court for Giveing or deleving a plea, and Mr. Pane was not at home who is one of my attos in Sd Couse and I feering Lest I Should not find Mr Marsh at home who is a nother of my atts I applyed to Oliver Gallop Esq to make Sd plea that I might deliver it to one of theire Attos but he said by vewing my Defense said it was Good but he did not dare Risk his abilities to make a plea Lest it Sould be defective and advised me to Go to Charles Marsh Esq he said he was at home. I went on to Mr. Marsh at Woodstock and found him Sick totally onable to make it or do any Business of importance and it was to Late then to Go to any other atto and Git it done to deliver that day to the plfs atto. And on my way home I applyed to Mr. Jedediah P Buckingham to Receive Sd plea but he would not and I have not had time to Git Sd witnes from Albany nor the upper Cowos. I therefore Humbly prey and move youre Honours that you will order and decre that the plfs to wit Samuel Halkins and Samuel Raynols or there attoos to wit Daniel Ruck and Jedediah P Buckingham Esqs Shall Re ceive a plea the form and substance of whitch all But Stateing Sd Records I did Shew to the Sd Kibbe theire sd atto and Gave him notis that I should plead a former judgment in the or this Supreme Court as a Bar to one of the Accounts set up in theire Declaration whitch judgment above mentioned was 'Ren dered at the Setion of the Supreme Court at
