Martha's Vineyard 27th April 1767 Sr.,

I1 have the Care of a Case by Appeal from this County to Barnstable2 Elisha Ommo Applt. vers John Atset: apple. an assault:3 and as I shall want your assistance Desire you not undertake if you should be405Solicited: & I will make you proper satisfaction. from Sr. your Huml. Servt.

JAMES ATHEARN

RC ; addressed: "To Robt. T. Paine Esqr."

1.

James Athearn (1725–1814) was a lawyer at Tisbury on Martha's Vineyard. He represented Tisbury in the state legislature at this time, was appointed clerk of the court and register of probate in 1761, and became judge of probate in 1775 (Charles Edward Banks, The History of Martha's Vineyard, 3 vols. [Boston, 1911–1925], 1:507, 508, 510, 3:23).

2.

At this time the Superior Court held a joint session for the counties of Barnstable and Dukes at the town of Barnstable.

3.

No record of this case appears in the minute book of the Superior Court, which RTP did attend at Barnstable on May 13, nor in his cashbook or minutes of trials (RTP Diary).

Boston May 14th: 1767 Dr. Sir,

You may remember I sent about a Year since an Excn. of Hawxhurst vs Crandon & desired you to give it to some proper Officer to Serve which you told me sometime after you had done: but did not tell me who the officer was.1 He has never returned the Excn. so that I conclude he has got the money at least he has made himself liable for it. I shd. be much obliged to you to inquire into the Matter & know what is done & advise me & put the officer upon returning the Excn. & paying the money. Your Care herein will greatly Serve & oblige. Sr. Your very humble Servant

SAML. FITCH

RC ; addressed: "To Robert Treat Pain Esqr. Counclr. at Law In Taunton"; endorsed.

1.

See Samuel Fitch to RTP, Boston, May 8, 1766.

Taunton May 18. 1767 Dear Sr.,

I hope you will not think I have no other regard for you than what arises from the Occasion of this Letter. Distance of place & difference of Occupations prevents the Exercice of that Affection wch. nevertheless remains fix'd in habit. The days of pleasing Interviews & notices406have given place to the Cares & Engagements of life, & I find it with most of my acquaintance however much they regard me, they write not unless they have a perticular motive. The very appearance of the Bearer of this Letter will Suggest to you my immediate motive. The ill State of bad health of my Sister induces her to visit yr. Spring, upon wch. Journey I Should have attended her if my affairs would have admitted, but as I cant Come She'll stand in need of Some Freind to advise & assist her in getting accomodation.1 We are both Strangers and so do not know what we want. If your Scituation is convenient & can accomodate her it will be most agreeable to her. If not you'll be best able to judge for her. Whatever kindness you shew her I shall gratefully acknowledge as done to my Self.

Dft .; name of recipient not given; endorsed by Charles Cushing Paine: "To — May 18, 1787, to procure accomo. for his Sister going to a Spring."

1.

This probably refers to Newton Spring in Watertown where Eunice stayed in July. See Eunice Paine to RTP, July 23, 1767.