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Deposition of James Moir concerning Matthew Rowan's suit against Henry McCulloh and the case of William Lithgow
Moir, James, d. 1767
Volume 04, Pages 1121-1123

The Deposition of the Revd James Moir of full age being sworn in the Holy Evangelist to the first Interrogatory says that he was at the Tryal between the Memorialist and Mathew Rowan Esqre and Enoch Hall Esqre Chief Justice insisted on the said Deponent giving in Evidence what passed in private conversation between the Memorialist and said Deponent thō he signified to the Court he did not think himself obliged so to do, he did not appear as an Evidence in the said cause to any other matter or subject. Samuel Johnston Esqre was admitted to

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give in evidence a Paragraph of one of the Memorialists Letters to his Excellency Gabriel Johnston Esqre.

To the second Interrogatory the Deponent says that July 28th 1745 being Sunday in the afternoon he was informed that Capt Will: Lithgow being much in Liquor the night before by taking leave of his friends was arrested on board a vessel in which he had taken his passage to Boston He the said Deponent was prevailed upon to go in company with said Lithgow and Rob: Walker Esqre then Sheriff for the County of New Hanover to the house of Roger Moore Esqre where he the said Dept and said Robt Walker enquired for Nath: Rice Esqre who came out of an inner room and being asked for what cause the said Lithgow had been arrested Saturday night by virtue of a precept from him the said Rice immediately the said Rice produced a Precept which he said he had given the day before to execute on said Lithgow as far as the said Dept can remember the precept was in the following words (to wit) whereas the Honble Roger Moore Esqre has made application to me and intends to bring an Indictment against Capt William Lithgow These are therefore to command you to apprehend Capt William Lithgow and bring him before me that he may enter into Recognizance signed Rice directed to George Richardson Constable. After Robert Walker and he the said Dept made some remarks upon the illegality of issuing such a Precept without Oath made of the breach of some law. Nath: Rice and Roger Moore Esqrs went into another room and returning in a short time brought another Precept setting forth that whereas the Honble Roger Moore Esqre had made oath that Capt Lithgow had commenced a vexacious suit against the said Moore for burning lightwood on Land that the said Lithgow had bought of Mr. Roger Gray These therefore to command you to apprehend the said Lithgow for his appearance at the next Court of Assize the said Moore intending to indicte the said Lithgow at said Court signed Nath: Rice directed to George Richardson Constable or any other lawfull Officer The Sheriff no sooner received this Precept than he executed it upon which the said Lithgow desired the Sheriff and the sd Dept to stand Bail the said Lithgow was oblidged to enter into Recognizance for his appearance in the sum of Eighty Pounds Proclamation Money and his two sureties in Forty Pounds Proclamation Money each. The Dept asked if said Lithgow might appear by his Attorney to which the said Moore answered that the Crime was of such a nature that he the said Lithgow must appear in person which induced the said Lithgow to lay aside all thoughts of proceeding on his voyage to Boston There was no suit then depending against said Lithgow nor was he indicted by the said Moore afterwards to the best of the

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Depts knowledge. The said Lithgow at said Court of Assize got the said Nath: Rice & Roger Moore Esqrs indicted by the Grand Jury and his Excellency Gabriel Johnston Esqre ordered a Noli prosequi to be entered on the said Indictment.