Newport July 4th. 1752. Sir,

Finding an oppertunity here per Capt: Trowbridge I embrace it to inform you of the Scituation of our Carolina affairs in Boston, verry breifly as the Vessell is now under Sail.

We received your several Letters, & agreeable to your desire I procur'd a Sloop about a Month past; Actually agreed with the Master She should go; but the Small Pox unfortunately breaking out Among his hands quite overturn'd the Affair. As I thought I was sure of her I engaged in a Trip169to N: York so far as that I was Obliged to proceed (Altho: the Vessell disappointed us) & am now on my departure there from hence; however I have engaged your Brother1 to assist in my Room, & just before I came away they told me they were agreeing with Capt. Morton2 & Mr. Kneeland3 to send the Sloop Morton Commanded, & they thought they were sure of her, as they determin'd to come up to his Terms if he wou'd not come down, that I think you may on good grounds expect She saild from Boston about this time, but if she shou'd fail (which I cant think) they assur'd me they wou'd get one immediately. I did every thing in my Power to get a Vessell, & wish some other Persons wou'd Exert themselves as much now, as I did when I was in Boston.

Mr. Downs assur'd me all the Goods were ready, You wrote for. I am in hast Sr. Yr. most Obt. Servt.,

WILLM. FISHER

RC ; addressed: "Capt. Treat Pain."

1.

Joseph Greenleaf.

2.

Probably Edmund Morton (d. 1786), mariner of Boston (Thwing Index).

3.

John Kneeland (1694–1774), Boston merchant (Thwing Index).

Bath. July 15th. 1752 Sr.,1

I understand this day by Mr. Balch that you have served a Writt upon Abra: Sheppard, & that he pretends to say that he can prove by Evidence that I took that Note as Satisfaction for the Debt; wch. could he prove the Case might go against me but I imagine he cannot, for when he Endors'd the Note of Hand to me there was no body present but my Pilot, who was Edmund Tyson junr.,2 & he I imagine will Explain the Matter in a different Light (If he can tell any thing about it). He will testify that Sheppard promised to meet me soon after at Mr. Snoads & that if Lane had not answered the note he would contrive some other Method; & much more talk we had to the same purpose. But beside this, the last Time I went to him, to demand the money by Virtue of his Endorsment, Aaron Tyson,3 (a Brother to the above Named Edmund) was with me & he will testifye that we talked near two hours about the Debt, & contrived Many Methods of Payments before he started the170Least Objection 'till l, (seing I could not speedly be paid) proposed to take his Bond. He then in a faultering Mealy Mouth'd Manner after evading many close Questions told me that he thought I took Lanes note as Satisfaction. I am satisfyd that Neither of the above named Persons can swear any thing against my Case. They Both thought me much abus'd, & I believe their Evidence will be Serviceable in the case. I doubt not but you will take all proper Methods to see Justice done me who suffer for doing a Freindly Action. My Vessell is not as yet come in tho I have expected her this six weeks. I shall further Examine the above Evidences & if I can learn more I shall inform you, from yrs. &c.,

ROBERT TREAT PAINE

LbC ; addressed: "To Mr. Jer: Veal attorney at Law att Newbern."

1.

Jeremiah Vail, in addition to his activities as a lawyer, was prominent in the North Carolina General Assembly at this period and held many government posts including that of collector of impost for Craven County (Colonial Records of North Carolina. 5:42, 23:348, 373, 397).

2.

Edmund Tyson, Jr., was described as a planter of Beaufort Co., N.C., in a 1755 deed (Beaufort Co. Deed Book 3:206 in 'Tyson and Sugg—Beaufort County, N.C. Records: by Sybil Hyatt, 1941. Typescript in North Carolina Collection, University of North Carolina, Chapel Hill).

3.

Aaron Tyson was deeded a 200-acre tract of land on Tar River by his father Edmund Tyson, Sr., in 1755. He was later a justice of the peace (Beaufort Co. Deed Book 3:205, in Hyatt, "Tyson and Sugg," 3).