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Robert Treat Paine Papers, Volume 2

From Jonathan Sewall
Sewall, Jonathan RTP
Boston, May 13, 1765 Brother Payne,

I have just this Instant dismiss'd your Friend Dodge1 from the long Audience; I demanded of him your 18/. & he demur's, & for Causes of Demurrer allegeth, that the action was originally commenced by him against Symonds at Worcester Court; that Brother Putnam2 was his Attorney there & has been accordingly paid; that he never employed you as his Attorney, & never gave you any Power, but only, seeing you at Worcester, desired you to be a Referee with Capt. Taylor & me; for which he has since paid you your Demands—That he travelled himself from Lunenbourge to Boston Supr. Court & attended the Court & the Referees; that he afterwards saw you on the Floor of the Court House, & enquired of you which was Mr. Hatche's3 office, & you went into the office with him, & he enquired of you then ask'd you one or two Questions about the taxing the Bill, not as Attorney but as a Friend. He thinks, as you saved him no Travel or Attendance, & was not spoke to till after the Matter was determined, the most you can be entitled to is, the Attorneys Fee, & even that he thinks is hard. This is his plea & I shall wait till I have your Replication. He tells me he shall be down again in about three Weeks, & desires me to suspend the Matter till I hear from you, & see him, which I have promised to do. I wish you would be short on this Subject, but wrote me a long Letter.

I intended to have given you a Dish of politicks, but find I have not room, for it is against my Conscience to exceed half a Sheet. If you write me largely upon any Thing, you shall have a full & particular Answer the first Oportunity. I am told Edes and Gill's Paper of this Day contains Mr. Otis's4 speech at Town Meeting, but have not seen it; if it is curious give me your sage Remarks on it. I wish I war't in a Hurry for I feel inlarged, but


RC ; addressed: "To Robert Treat Payne in Taunton"; endorsed.


William Dodge of Lunenburg. This action went back to the Sept. 1757 session of the Superior Court in Worcester when David Simons sued Dodge. The matter was sent to three referees (Jonathan Sewall, Ezra Taylor, and RTP) who were allowed to report the matter to the Superior Court session at Boston which they did in Feb. 1758 finding judgment for Dodge and awarding him £4 damages and costs assessed at £7.6 (Minute Books, Superior Court of Judicature, Worcester Co. and Suffolk Co.).

332 2.

James Putnam.


Nathaniel Hatch, clerk of the Superior Court.


James Otis's address "to the Freeholders and other Inhabitants of Boston" was printed in The Boston Gazette, and Country Journal for Monday, May 13, 1765. The following issue (May 20) contained an account of the town meeting of May 14 at which Otis was elected moderator.

Barnabas Paine to Kenelm Winslow and Robert Treat Paine
Paine, Barnabas RTP Winslow, Kenelm
Truro May 14th: 1764 1765 1 Gentlemen,

These with my Compliments unto your selves and are to Enform you that the affair for which I feed you Respecting Elisabeth Ridley the wife of Thomas Ridley Junr. is not settled and words are given out that I Dare not put her to the law but however the over bareing powers are very still and are in hopes that I will let it Dye and go no further and would have me acknowledge something tho never so small a matter will give them satisfaction for they I find out can prove nothing to purpose. I hope the writ will be so well laid as to suffer no nonsuit for I can prove any thing and every thing she has let her Tongue Run to so great a Degree. Mr. Paines letter I did not give to Mr. Upham for advising with some of my best freinds found it would not Do for it Touched upon the very thing that they wanted that is to seek for Relief to the church and then the woman shall be not only an accuser but all the strong Evidence for my conviction so I must go into the law and I hope you will stand to maintain my cause as far as justice appertains and you shall not find fault I hope for your fees yet to come send a supeana for witnesses and please to give Direction concerning them whither they can be sworn here or whither they must face her in Court for there are some women that have young children and some with child and some old people which will be Difficult for them to go to court. Please to give direction in the whole affair: further whither or not it would not be best for Esqr. Winslow to be present at Taking Evidence if any be Taken out of court. Thomas Ridley is gone to Canada River a whaling so that he cannot be Taken with the writ if he must be named there in. Enquire of Daniel Paine as to all Circumstances in the affair. Major Gorham had a letter sent up to him last court which I should be Glad one or both of you would Enquire into to se how it bares and who is the signer for I have some reason to333susspect it. Upon the whole do for me under all circumstances as if it were for your selves. I Remain your humble Clyant


RC ; addressed: "To Messieurs Knelm Winslow Esqr & Robert Treat Paine Attorneys at Law"; endorsed.


Although dated and docketed as 1764, this letter is clearly a follow-up to RTP's letter of Apr. 5 to Rev. Caleb Upham (printed above). The fee mentioned by Barnabas Paine was noted in RTP's cashbook on Apr. 3, 1765 under business for Barnstable Court: "Barnabas Paine Esqr. 12/."