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Affidavit of John Montgomery concerning Edmund Porter's suspension from public office
Montgomery, John, d. 1744
April 07, 1733
Volume 03, Pages 505-506


North Carolina—ss.

Pursuant to an order of the right Honble the Lords Commissioners for Trade and Plantations dated August the 16th 1732 John Montgomery Esqre being summoned to appear before me Nath. Rice Esq. his Majesties secretary of the said Province to give his Testimony touching several Matters complained of by the Governour against Edmund Porter Esqre and by the said Porter against his Excellency thereupon appeared and being sworn on the Holy Evangelists deposeth and sayeth that he was present some time in January 1731, when the Governour and Council were hearing several articles of complaint exhibited against the said Porter by William Little Esqre on behalf of himself and others for several injurys alledged to be done by him in the Execution of his Office of Judge Admiral and during the time of the said hearing this Deponent saw Mr Porter deliver to the Governour a Paper which he declared he had directed should be delivered to him in case he the said Porter had been absent or not able to attend the Councill at that time or words to that purpose which Paper the Governour taking in his hand, moved his hand seeming to design to throw the same into the fire and declared he would receive not papers or letters from him and would serve them all in that manner or words (to the best of this Depts remembrance) to that purpose. The said Deponent says that on the same day a Majority of the Councill having voted that Mr Porter ought to be suspended from the execution of the Office of Judge Admiral, the Governour immediately thereupon demanded the Opinion of the Councill whether Mr Porter should be suspended from his place in Councill in regard he was so bad a man and not fitt to sitt therefor to that effect) whereupon this deponent to the best of his remembrance, heard some of the Councill declare it was their opinion, that he ought to be suspended but it being objected to by some Member of Councill that it was irregular to suspend him from Council before a charge was exhibited against him for misbehaviour in that Office, his Excellency delayed the said suspension, and as this Deponent heard exhibited

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a charge against him next morning upon which charge he has heard and believes Mr Porter was on the same day the said charge was exhibited suspended as a member of Councill.

JOHN MONTGOMERY.

Jurat coram me septimo die Aprilis 1733.
Nath: Rice Sec.