Witness Deposition – George Emerson – 22 Dec 1756

George Emerson of Newcastle upon Tyne Cheesemonger Aged Fifty years and upwards being sworn and Examined by Virtue of an order of this Honourable Court made made in this Cause bearing date the Seventh day of July last past Deposeth as follows



To the first Interrogatory saith he hath seen the Complainant William Pantoune and knows the Defendants Robert Loraine and George Marshall and has so known them respectively for some years last past 



To the second Interrogatory saith he did know George Pantoune late of High Sheel in the County of Northumberland Gentleman Deceased for Several years before he died and believes he died some time on or about the Month of February one Thousand Seven Hundred and Forty nine at Alston in the County of Cumberland as this Deponent hath been informed.



To the Twelfth Interrogatory this Deponent saith that he hath seen William Soppitt in the pleadings named but had no Acquaintance with him and saith that he was not Acquainted with the Defendants Robert Loraine and George Marshall or either of them till after the Death of the said George Pantoune And saith that the said George Pantoune was not to the knowledge of this Deponent any way of Kin to the said Robert Loraine George Marshall and William Soppitt or any of them



To the Twenty Sixth Interrogatory this Deponent saith he doth not Remember to have heard the said defendants Robert Loraine George Marshall William Soppitt or any other person or persons by name at any time Since the Death of the said George Pantoune say or declare any thing relating to the real and personal estate which the seized or possessed of Interested in or intitled unto or to whom the same or the Beneficial Interest thereof belonged after his Death save as is herein after mentioned



To the Twenty Seventh Interrogatory this Deponent saith that he does not Remember to have heard at any Time After the Death of the said george Pantoune the Defendants Robert Loraine George Marshall and William Soppitt or any of them say or declare any thing in Relation to the Will of the said George Pantoune Or what was intended by the said George Pantoune either in respect to making any person or persons Trustee or Trustees in his said Will or in respect to any other matter or thing touching the said George Pantounes Will his Estate or Affairs And saith from the Copy of the said George Pantounes Will which he hath seen and perused He believes that the Defendant George Marshall is the Owner of the Estate late belonging to the said George Pantoune And also is induced so to believe from an Authority or Directions in Writing which this Deponent hath been given by the said George Marshall to the Defendant Robert Loraine to Act along with this Deponent and the Defendant Thomas Hall in Relation to the Affairs of the Lead Mill in the Pleadings mentioned and from the said George Marshall having told this Deponent and the Defendant Thomas Hall in the presence of the Defendant Robert Loraine that he would be Accountable for All the Defendant for All the Defendant Robert Loraines Actings with this Deponent and the said Thomas Hall in what he should do touching the said partnership in the said Lead Mill and other their Affairs or to that Effect.



To the Twenty Ninth and Thirtieth Interrogatories this Deponent saith that some time after the Death of the said George Pantoune (but the particular time he doth not Remember) He this Deponent was in Company with the Defendant Robert Loraine and Thomas Hall together with the Complainant and Mr John Ord of Newcastle upon Tyne Attorney at the House of Mr William Parker in Newcastle aforesaid as this Deponent Remembers and believes when the Complainant did claim to be intitled to the Real and personal Estate of the said George Pantoune or some part thereof and the Defendant Robert Loraine having some claims upon the said William Pantoune for Money due from the said William Pantoune It was then Agreed between the said Complainant and the Defendant Robert Loraine that All Matters in Difference should be referred to Arbitrators and that Accordingly they entered into Arbitration Bonds for that purpose And this Deponent believes that the Defendant Robert Loraine Acted therein for and on behalf of the Defendant Marshall And saith he doth not remember that he was present when any Application was made to the Complainant William Pantoune by the Defendants George Marshall and Robert Loraine or either of them or by any other person or persons touching the Complainants Releaseing or giving up any right or Title to the Real or Personal Estate of the said George Pantoune or any part thereof otherwise than as before is setforth And saith that this Deponent took a great Deal of pains to make up the difference between them And saith that the Complainant offered for his Brothers Gold Watch and as much Money as would carry him to London to Release All the Right and Title which he had to his Brothers Effects And the Complainant also then said he was sorry that his Brother had Cutt him out of his Will as he did not know he had ever Offended him or words to that Effect. And this Deponent saith he doth not know that any any person or persons did at any time or times after the Death of the said George Pantoune make any Offers of paying any sum or sums of Money to the Complainant in case he would release his Right Title and Interest in and to the said George Pantounes Real and personal Estate to any person or persons Saith he was present some time after the Death of the said George Pantoune at the House of Michael Dawson keeeper or Goaler of the prison of Newgate In Newcastle aforesaid along with Edward Williams of the same Town and the Defendant Robert Loraine and the Complainant having been brought out of the said Goal to the said Goalers House some hot words arose between the said Defendant Robert Loraine and the said William who insisted upon the hardship of keeping the Complainant in Goal and wanted to have him cleared of it or to that Effect But saith he doth not remember that the said Complainant was then or at any other Time request to sign a writing whereby he was to release or give up his Right or Claim to the said Estates and Effects or any part thereof.



To the Thirty fifth Interrogatory this Deponent saith that this Deponent and the Defendant Thomas Hall were in the Life time of the said George Pantoune the owners of one half of the Lead Mill in the pleadings mentioned and ever since have continued to be and now are the owners of the said Moiety of the said Mill And the Defendant George Marshall since the Death of the said George Pantoune hath been and now is the Owner of the other half of the said Mill as this Deponent believes And saith that since the Death of the said George Pantoune this Deponent and the said Thomas Hall and the said Defendant Loraine on the behalf of the said George Marshall and the Stewards of the partnership in the said Lead Mill have Transacted All the Business relating to the said Lead Mill And saith the said Robert Loraine hath since the Death of the said George Pantoune Acted in such Business for and on behalf of the said George Marshall by virtue of the Directions or Authority in writing so given by the said George Marshall to the said Robert Loraine as aforesaid And saith that he this Deponent Acts in Selling the Lead Smelted at the said Mill at Newcastle And the said Robert Loraine usually paid for All such ore as is got for the use of the said partnership at Aldstone aforesaid As well for the said George Marshall as for this Deponent and the said Thomas Hall And this Deponent and the said Thomas Hall and the Defendant Loraine generally have Attended at Hexham in the County of Northumberland when the Carriers and Smelters of the said Lead and other Charges have been paid And saith that an Ejectment having been brought by the Complainant against this Deponent and others for Recovering the possession of the said Lead Mill amongst other things which was tried the last Assizes for the County of Northumberland A verdict was given for the Defendants as to the said Lead Mill And a small Quantity of Ground Adjoining thereto 



To the Thirty Sixth Interrogatory saith he doth not know or remember that the said George Marshall did at any time after the Death of the said George Pantoune in any manner claim any Right Title or Interest in or to the profitts or produce of the said Lead Mill or say that he had any Right Title or Interest therein or thereto otherwise than as herein before is set forth.



To the Thirty Seventh Interrogatory saith that he this Deponent since the Death of the said George Pantoune hath paid a moiety or half part of the profitts of the said Lead Mill to the Defendant Robert Loraine as Agent for and on the behalf and for the use of the Defendant George Marshall And saith that since the Death of the said George Pantoune Several Sums of Money have been at several times Advanced and paid by this Deponent and the said Thomas Hall And by the said Robert Loraine as Agent for and on the behalf of the said George Marshall and on the Account of his Share in equal Moieties or Shares towards the Carrying on the Businesse of the said Lead Mill But how much Money in the whole was so Advanced or when where or to whom by name the same was so paid this Deponent cannot set forth otherwise than as a foresaid This Deponent not having any Books papers or Accounts with him relating to or Concerning the affairs of the said Lead Mill And saith that the Several Sums of Money so Advanced and paid by the said Robert Loraine on the Account of the said George Marshalls Share in the said Lead Mill did come out of the pocket of the said George Marshall as this Deponent verily believes

Geo Emerson