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Colonial and State Records of North Carolina
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Deposition of Joseph Anderson concerning the case of William Lithgow
Anderson, Joseph
Volume 04, Page 1094

-------------------- page 1094 --------------------

Interrogatories exhibited to Jos Anderson on behalf of his Excellency Gabriel Johnston Esqre Governor &c.

To the first Interrogatory this Deponent saith as well as he can remember that some time in March in the year 1745 at Bath Town his Excellency the Governor did acquaint this Deponent that Mr. Rice and Mr. Moore or one of them had applied to him for his warrant to direct this Deponent to enter up a Nolle Prosequi on a Bill of Indictment found by the Grand Inquest against them at the Wilmington Assize in September then last past for a conspiracy against Mr. Lithgow as they alledged, whereupon his Excellency did advise with this Deponent whether he ought to interfere especially as he did not know but that by stopping the prosecution it might affect Mr. Lithgow in his property, on which this Deponent acquainted his Excellency that Mr. Rice and Mr. Moore had misrepresented the nature of the prosecution, for that the matter in the indictment contained, was for a trespass, assault and false imprisonment, and not for a conspiracy, and that he did advise his Excellency to grant his warrant for a Nolle Prosequi inasmuch as Mr. Lithgow could not expect to recover any damages to himself by a conviction on the Indictment, consequently be no way affected thereby in his property; this Deponent further saith that the only motive he had to advise his Excellency thereto was, that as there had been some difference subsisting between his Excellency and Mr. Moore and some others of the Members of Council, and at or about that time on a reconciliation, that by refusing his warrant, it might be a means to prevent that harmony which ought to subsist between his Excellency and the Council. And this Deponent further saith that he afterwards did receive from the Deputy Secretary his Excellency's warrant dated the 14th of the same month of March under the Seal of the Colony directed to this Deponent as Attorney General thereby setting forth that he by the advice of His Majesty's Council did order this Deponent to enter a Nolle Prosequi and stay all Proceedings on the said Indictment, which this Deponent accordingly did enter up at the next ensuing Court of Assize at Wilmington and thereupon Mr. Rice and Mr. Moore were discharged of that Prosecution.

To the second Interrogatory saith he doth not remember that he told his Excellency at Bath, or any other place, that if his Excellency should not grant a Nolle Prosequi, that he the Deponent would do it himself.

JOS: ANDERSON.