died seized, or part thereof; and saith, that a commission is now speeding at Wexford in said English cause, and that the same was opened before said indictment was found; and deponent was examined on behalf of the said earl upon said commission, and the examination of

ponent believes are the persons that carry on the prosecution against deponent), are so sensible that the said Sarah is a material witness for deponent, that they, or some of them, have lately, by bribes and otherwise, attempted to seduce and carry off the said Sarah from said

nent believes. Saith, she is informed and verily believes, that the title of the several estates is the same, and that the point to be determined as to said estates between said James Annesley and said earl of Anglesea, and the other parties interested is, whether said James is the son of said late lord Altham by his said lady. Saith, she is advised and believes, the same evidence, in a great measure, will be necessary for deponent's defence on the trial of said indictment, and in the defence of said suits, and therefore deponent believes (being so advised) that preparing for deponent's defence on said indictment, will take a considerable time, there being many witnesses necessary for deponent's defence, living in different parts of this kingdom as well as in England. Saith, there are several persons, whose place of residence is in London and other places in England, and who are now there, as she verily believes, who are material witnesses for deponent's defence on said indictment, and without whose testimony deponent cannot with safety stand her trial, and whom deponent could not possibly get

from England since said bill of indictment was found; and in particular, Mrs. Mary Judd of the county of Essex, and Mrs. Sarah Bonner of London, Mrs. Sarah Heath of London, and Thomas Rolph of Marybone in England, and several other persons who reside in England, are very material witnesses for deponent upon her said trial, and whom deponent could not possibly ges over to attend this term, and whom deponent believes and doubts not but she can get to attend the next term. That there are several persons in the counties of Cork, Wexford, and Galway, who are very material witnesses for deponent; several of whom are wrote to, but they cannot, as deponent is informed and believes, attend this present term. Saith, that Sarah Weedon, widow of John Weedon, who was coachman to lord Altham (at the time when the said James Annesley alleges he was born), and lived at that time near Dunmaine-house (where said James Annesley alleges he was born) and was frequently at Dunmaine-house, now lives at colonel John Blakeney's at Abbort in the county of Galway, which, as deponent is informed and believes, is seventy miles from Dublin, and is a most ma terial witness for deponent; and deponent having caused application to be made to the said Sarah, is informed and believes, she is so infirm, that she cannot travel without a carriage, and therefore is not come up to Dublin, though deponent has good reason to believe, and doubts not but she will be able to get her to attend the next term. Saith, she is credibly informed and verily believes, that James Annesley and those concerned for him (who de

for that purpose at Abbort, but were discovered and prevented by said colonel Blakeney's means. That Anthony Dyer, now of Cork, was gentleman to the said lord Altham when he dwelt at Dunmaine aforesaid, and is a very material witness for deponent upon said trial, who deponent cannot get to attend this term, but believes she will be able to get him to attend next term. Saith, that from the number of witnesses, material for her to produce on said trial, and the different parts of this kingdom and Great-Britain, where they reside, it will not be possible for deponent to get them to attend this term, nor can deponent be in any sort prepared to defend herself in a proper manner, unless reasonable time be given her; and is satisfied in her conscience, it is not, nor was it in her power, or in the power of any other person, to get the several witnesses, material for her defence, to attend this term; but believes and doubts not but she will be able to get them to attend the next term."

In order to oppose this motion, the following affidavit was sworn the 13th of November,

1744.

"The KING against MARY HEATH. "Daniel Mac Kercher, esq. came this day before me and made oath, that the traverser, Mary Heath, was, as he believes, apprehended in August last upon a warrant, granted against her for wilful and corrupt perjury; and saith, That in expectation of said Heath's trial coming on at the last sitting of the court of Oyer and Terminer held for the county of Dublin, on the 24th of October last, deponent sent to England and to several counties of this kingdom for several witnesses, to be produced and examined against said Heath; and saith, a great many of said witnesses came to Dublin from England, and several remote counties of Ireland, to be examined on behalf of his majesty on said trial; but the indictment being removed by writ of Certiorari to the Court of King's-bench, deponent sent many of said witnesses, who live in this kingdom, out of town; and such other of said witnesses as are old and infirm, and live in remote parts, and also the witnesses, who came from England, deponent hath kept in Dublin at considerable expences. Saith, he was at very considerable expences in bringing said witnesses to Dublin, in expectation that said Heath's trial would have come on at said sitting of the said commission. Saith, that the trial of said Heath being appointed to come on, on Wednesday the 14th of November instant, deponent hath, since the said day for trial was appointed, sent to several counties of this kingdom for several of said witnesses that were before in Dublin, to