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a.d. 1664] FORBES BARON COURT BOOK
249
being present did confesse the samen, and alleadged that
Johne Glasse directed him to cause doe the samen, but the
said Johne Glasse being lykwyse present did deny that he
had ever given the least warrand for doeing therupon,
quhilk being referred to the said James Towie his oath if
ever he had receved or gottin any ordor or warrand from
Johne Glasse for causeing any of the hirdes doe the samen,
he solemnly gave his oath and therafter declared that he
had only and absolute warrand from Johne Glasse for
doeing thereof, that same night quhilk he caused burne
the samen.
Quharupon the said baylie decerned and ordained the
said Johne Glasse to pay to the said maister of Forbes sixtie
pundes Scots within terme of law under paine of poynding.
The said day PatrikLeith in West hilles,in name of James
Waker ther, gave in a bill upon George Andersone in New-
toune of Auchindore, compleaneing and alleadging that
upon the tent day of August instant the said George
Andersone had come to that ground which the said James
Waker payes dewtie for, and ther did violently and cruellie
beat, blood and martyr him; the said George Anderson
compeireing did deny the samen, but being constantly
alleadged, for cleareing of the samen it is referred to the
probatioune of Johne Gordoune in Newtoune and Patrik
Leith forsaid ; who being solemnely sworne did depone in
presens of the said baylie and the assyse efter nominat for
that effect.
The said Johne Gordone deponed (being interrogat) as
efter followes, to witt that James Waker did first lay handes
upon George Andersone and pulled him be the hair, and so
the said James Waker did gett the blood eftir he was dung
over in the water by a fall upon a stone upon the syd of
his head.
Patrik Leith deponed ut supra conforme in omnibus.
The names of the assyse :—
William Gordone younger off Tilliangus, Chancellor.
Jhon Gordon off Knoke- Jhon Macky in Carnedard.
spak.

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