Resurrecting the First American West

9 It is therefore ordered that a jury of twelve lawful men [?] be forthwith impannelled to enquire of the damages the said complainant hath sustained by occasion of the nonconveyance of the said two hundred acres of land by the said defendant to the Complainant and thereupon a jury of the bye-standers being called came towit, Tompkin Barlow, John Curry, [Alistar Timberlake]], William Laughlin, John McLaughlin, Joseph Hildrith, John Boyd, James Pullen, Alexander Mitchell, William Markham, Hezekiah Coun, and Samuel Harris who being elected tried and sworn to enquire of Damages herein as aforesaid, on their oath do say, that the Complainant hath sustained damages on account of the defendants not having conveyed the said two hundred acres of land to the said complainant to the value of four hundred pounds. Whereupon it is Decreed and ordered that the Complainant do recover of the said defendant the said sum of four hundred pounds together with his costs by him about his suit in this behalf expended.

The following depositions were taken and returned herein and admitted as evidence on the hearing of this cause towit,

John Martin of full age and being first duly sworn deposeth and saith, that some time in the fall on September 1779 he was in company with Edward Worthington and Daniel Callaghan at the lower end of the falls of