man's name was not erased. He was even called in Court, and, had he not excused himself, would probably have been admitted. For, I cannot recollect, that the Court expressed either surprise or dislike that a more proper jury had not been summoned. Nay, though I objected against them, yet, as Patrick Henry (one of the Defendant's lawyers) insisted they were honest men, and, therefore, unexceptionable, they were immediately called to the book and sworn. Three of them, as I was afterwards told, nay, some said four, were Dissenters of that denomination called New Lights, which the Sheriff, as they were all his acquaintance, must have known. Messrs. Gist and McDowall, the two most considerable purchasers in that county, were now called in to prove the price of tobacco, and sworn. The testimony of the former imported, that, during the months of May and June, 1759, tobacco had currently sold at 50s. per hundred, and that himself, at or about the latter end of the last of those months, had sold some hundreds of hhds. at that price, and, amongst the rest, one hundred to be delivered in the month of August, which, however, were not delivered till September. That of the latter only proved, "That 50s. was the current price of tobacco that season." This was the sum of the evidence for the Plaintiff. Against him, was produced a receipt to the Collector, to the best of my remembrance in these words: "Received of Thomas Johnson, Jun'r, at this and some former payments, ₤144, current money, by James Maury." After the lawyers on both sides had displayed the force and weight of the evidence, pro and con. to their Honors, the jurors, and one of those who appeared for the Defendants had observed to them that they must find (or if they must find, I am not sure which, but think the former) for the Plaintiff, but need not find more than one farthing; they went out, and, according to instruction (though whether according to evidence or not, I leave you to judge), in less than five minutes brought in a verdict for the Plaintiff, one penny damages. Mr. Lyons urged, as the verdict was contrary to evidence, the jury ought to be sent out again. But no notice was taken of it, and the verdict admitted without hesitation by the Bench. He then moved to have the evidence of Messrs. Gist and McDowell recorded, with as little effect. His next motion, which was for a new trial, shared the same fate. He then moved it might be admitted to record, "that he had made a motion for a new trial, because he considered the verdict contrary to evidence, and that the motion had been rejected;" which, after much altercation, was agreed to. He lastly moved for an appeal, which,
