31Adams’ Diary: 16 May 1767 (Adams Papers)
The Court was fixed in the Sandwich Case. Cotton is not only a Tory but a Relation of some of the Judges, Cushing particularly.... Cushing was very bitter, he was not for my arguing to the Jury the Question whether the Words were Actionable or not. He interrupted me—stopped me short, snapd me up.—“Keep to the Evidence—Keep to the Point—dont ramble all over the World to ecclesiastical...
32Editorial Note (Adams Papers)
In the spring of 1770 the schooner Hitty , John Burnam, master, sailed from her home port of Marblehead to Philadelphia. As she lay at the wharf in the latter port, Burnam spent a night ashore. Next morning, a small locked trunk in which he kept gold coin was missing from its place inside a larger chest in his cabin. Two or three days later the empty trunk was found floating in the harbor with...
Jno. Melzond . Was on board the Vessell with Captn. Burnam and Mr. Mugford. Burnam took an Hankercheif and a Purse and 1/2 Jo hannes in it, and some small Money. B. askd Mugford is that your Money? Yes. M. said Do you intend to keep it. M. claimed it as his Money. Said it was his Money and asked C aptain B urnam if he want going to let him have it. B. said No. Cant say if the Handkerchief was...
34Editorial Note (Adams Papers)
In the bitter verbal battling which rumbled beneath the physical violence of the pre-Revolutionary years, the heavy advantage rested with the radical press. Led by such pseudonymous journalistic swordsmen as Samuel Adams, Joseph Hawley, and Joseph Warren, the patriots skewered the administration and the loyal faction without restraint, and almost without opposition. Only one tory printer...
News Paper. Jacobite Party. Kent . Odd that Edes and Gill should desire him to be of no Party. Pitt is a fallen Angell, and given up by his Partizans, since he dwindled into a Lord. Lost. Lucre of Gain. Gain of Gain. Did not come from Salem. Mem. no Witchcraft in it. Jacobite Party, ungenerous base Insinuations. Kick upon the A—se. B. Edes . No Conversation past between Us, about agreeing not...
36Editorial Note (Adams Papers)
This was an action brought by John Gray for injuries inflicted upon him by Lendall (or Lindall) Pitts in a scuffle outside Dehon’s barber shop in Boston. Adams’ minutes indicate that the underlying cause was an earlier incident in which Pitts had “gallanted” what he assumed to be an attractive young lady, only to learn that feminine clothes covered a masculine form—either Gray himself or...
James Melvin . Saw Pitts push Gray off with one Hand and give him a stroke with his Stick. G. no Hatt on. Saw the Blood run. A knotty Stick—big as the Thumb. Bigger than Wallaces’s . Did not strike so hard as he could. Wm. Winter . Gray came into Dehons shop. Pitts and he went out. Pitts demanded Satisfaction. I ask your Pardon you chuckle headed son of a Bitch. Pitts held up his Fist and Gray...
J. Quincy . We had done nothing but what was justifiable by the Laws of our Country. J. Whitworth . Pitt said in the forenoon, that Gray had used him very ill, and he would beat him whenever he met him. About 11/2 Hour before, he did Very ill in Speaking Reports of him. Mr. Hutchinson . Pitts told me he had sent a Lad to the Custom house to call Gray out to demand Satisfaction of him. And I...
39Editorial Note (Adams Papers)
This action was the climax of a series of clashes between James Steel of Haverhill, Massachusetts, and Asa Porter, a merchant and trader from the upper Connecticut Valley Coös region of New Hampshire. In September 1767 Steel had sold Porter and his partner Andrew Savage Crocker a consignment of 1600 barrel hoops. After Porter accepted settlement against him in another matter, Steel sued out a...
J ohn L owell . Receipt. Wm. Wingate. Serjeant. Mr. Webster. P orter said S teel owed him. Sued him for 100 dollars. S. paid ½ of it, and was sued again for the other 50. S. said he was never paid for Hoops. P. said he cheated me out of 6 dollars in the 1st settlement of the 50 dollars, if there was some Hoops. S. then sued Porter, for the Hoops. Writ. S. vs. P. & C rocker for Hoops. Jona....
Porter and Steel. Case for money received and promise to pay it. Plea no promise. Proof. Produced a Receipt and the signing was denied. The Clerk of Inf erior Court produced the original receipt. Sarge ant for Steel. The Qu. is (as this is a review) whether the former Judgment be wrong. Adams. The principal query is whether the Receipt was sign’d. Oliver J. Steele owns his subscribing the paper...
42Editorial Note (Adams Papers)
In June 1765 at Boston, James Warden endorsed two bills of exchange drawn on a New York mercantile house and delivered them to Joseph Alcock of Portsmouth, New Hampshire. In September the bills were presented on Alcock’s behalf to the drawee in New York, who refused to accept or pay them. Alcock’s New York correspondent immediately procured a “protest,” the affidavit of a notary public to the...
On a Bill of Exchange, drawn on N. York, protested. Q. made was whether Bill on N. York was a foreign Bill? So as to carry 10 Per Cent damages and 6 Per Cent Interest, as a Bill on London. Fitch reminded Court of the Case of Wimble and Bayard, in which he Said 10 Per Cent was allowed, upon Argument. Auchmuty recollected the Case by Pratts introducing a little Book, which no Body else knew. It...
44Editorial Note (Adams Papers)
This case throws some light on the conduct of business in Boston in the middle 1760’s, but it is primarily of interest for the pleading problem which it presents. James Apthorp, younger son of a leading Boston mercantile family, and William Gardiner, in the course of breaking up their business partnership in 1763, had made an agreement under seal which provided among other things that Apthorp...
To the Sheriff of our county of Suffolk his Undersheriff or Deputy Greeting. We command you to Attach the Goods or estate of James Apthorp of Boston within our county of Suffolk merchant to the value of ten thousand pounds lawful money of Great Brittain and for want therof to take the Body of the said James if he may be found in your precinct and him safely keep so that you have him before our...
46Plea: Suffolk Inferior Court, Boston, July 1767 (Adams Papers)
And the said James comes and defends &c., and saith that the said William hath not been damnified by any demand made upon him by Messrs. Trecothick & Thomlinson or in any manner as the said William in his Declaration hath alledged and supposed and thereof the said James puts himself on the countrey. SF 101250. On the same page with the return ( Doc. I ). Dated from the Inferior Court judgment,...
And the said William says that the plea aforsaid pleaded by the said James in manner and form afore pleaded and the matter in the same contained are insufficient in Law and that he the said William to that plea in manner and form aforsaid pleaded hath no necessity nor is bound by the Law of the Land in any way to answer and this he is ready to verify wherefore for want of a sufficient plea in...
Covenant Broken. Plea. Special Demurrer. 1. 2. 3. 4. Joinder in Demurrer. Auchmuty. 2 Breaches assigned in Declaration by Plaintiff. 1. 2. not indemnifying. Plea is that Plaintiff was not damnifyd by any Demand from Trecothick & Thomlinson. The 3 first Reasons in the Special Demurrer, are to the same Point. —Tro. Holts Reports. Page 206. Annersley vs. Cutter. 2nd. Exception is that he did fit...
49Editorial Note (Adams Papers)
On 22 November 1762, Jeremiah Lee, prominent Marblehead ship owner and merchant, obtained a policy of marine insurance upon one half the cargo of the schooner Merrill for a voyage “from Marblehead to any and all the Islands in the West Indies to Windward of St. Croix, St. Thomas, Havannah and Jamaica until the cargo is sold and delivered.” The Merrill was then 79 days out of Marblehead. The...
Bac. 3. 599. Tit. Merchant. “Where a Policy is a perfect Cheat as where a Person, having certain Intelligence that a Ship is lost, insures so much, this shall not bind the Insurer.” Molloy. B. 2, c. 7, §5, bottom. “A Merchant having a doubtful Account of his Ship, insures her, without acquainting the Insurers of her danger; Chancery relieved against the Policy of this fraudulent Insurance.”...
Lowell. Cun. 173. Concealment of Intelligence, a Fraud. Each Party ought to know all the Circumstances. 178.–179. 184. 79 days from G ordon’s sailing to the Insurance, which was a good Chance to have heard of her Arrival at any Part of the W. Indies. J. Pedricks Deposition. Gordons Protest. Jab. Harlow’s Deposition. Captn. Jos. Howard. Arrived from M artinique 7th. Novr. Saild, 7. Octr....
Lowell. 24 or 25 days a Chance. Passages from 17 to 25. Vessell in Time. A fair Chance. Did not mention how long she had been out, nor Howards arrival. C ol. Lees Character so respectable, and Knowledge so perfect, that “a fair Chance” &c. from him would preclude all Enquiry. 1764 Jany. 28. Receipt for Money. Judge Hutch inson mentiond a Case in Wilson that the Court will not sustain an Action...
Lowell. 25 days a Chance. Judge Hutchinson. The Underwriters charged Lee with concealing some Circumstances—the Arrival of a Vessell—but I cant recollect all the Particulars. The Arbitrators agreed. An Account of a Vessell and I think it was Howard, and Col. Lee told ’em it was possible she might be gone to some other Island. The main dispute whether she was gone to Martinico or some other...
Lee—Bancroft. Review. Some Terms agon the parties agreed (Nov. 1771) to make 2 questions—1. Whether the reference to Rowe &ca. can be given in Evidence, and if not Objected to Judge Hutchinson that he had sat in the Cause as referee. Answerd that the same will lie in reviews and new hearings but J udge Hut chinson then utterly refused to Judge in the Cause. Then Two of the other 3 Judges...
55Editorial Note (Adams Papers)
This is a companion case to Bancroft v. Lee , No. 10 . John Crowningshield was one of the underwriters on the marine insurance policy taken out by Lee in 1762 upon one half the cargo of the schooner Merrill. He had submitted to the arbitration of Lee’s claim, and in 1765 he finally paid his share of the Merrill ’s loss after Lee had recovered judgment against him upon the arbitration award in...
Receipt for the Money, “and Costs of C our t.” 1762. Aug. 9. Sailing orders. To proceed to Martineco or any other Island—“and sell, at said Island, or any other Island in the West Indies.” 1762. Novr. 4. Grand terre. Nick Gordon, the Masters Protest, that they saild 4. Septr. from Marblehead bound to Martineco. 17th. Octr. taken. 1769. July 10. Gordons Testimony. “By particular verbal...
57Editorial Note (Adams Papers)
John Mein’s stormy career was cut short by two actions brought against him by John Hancock under a power of attorney from Mein’s London creditors. That Mein infuriated the “well-disposed” and the Sons of Liberty is certain; that they rejoiced in his difficulties, including these protracted lawsuits, is equally clear. It is more doubtful whether Mein was correct in attributing to Hancock the...
58Correspondence of James Murray, John Fleeming, and Sheriff Stephen Greenleaf: March—May 1770 (Adams Papers)
In order to prevent as much as may be any damage to any of the parties in the said suits or to the Officers who laid the attachments the defendants friends propose that you cause the effects attached to be appraised you chusing the appraisers for the defendant and that his friends will shew you other effects of his to the full amount of the Value appraized less perishable than those now...
The Jury found a Verdict for the Sum sued for. Kent moved that the Verdict should be rejected. I deny’d the Power of the Court to reject it, and said if he would move for a new Tryal, that would not be without a Precedent in the Superiour Court tho it would in an inferiour Court. 13 Ed. 1. c. 30. Barrington Obs. on Stat. 103. “Item ordinatum est quod Justitiarii ad Assisas capiendas assignati,...
60Adams’ Diary Notes on the Right of Juries: 1771. Feby. 12. (Adams Papers)
At a Time, when the Barriers against Popery, erected by our Ancestors, are suffered to be destroyed, to the hazard even of the Protestant Religion: When the system of the civil Law which has for so many Ages and Centuries, been withstood by the People of England, is permitted to become fashionable: When so many Innovations are introduced, to the Injury of our Constitution of civil Government:...