Diary of John Quincy Adams, volume 2

27th. JQA

1787-09-27

27th. Adams, John Quincy
27th.

The jury upon the case of Smith and Brown, gave their Verdict in favour of the Plaintiff, and declared the deeds fraudulent. The next Jury case which came on, was between William Bartlett and Daniel Dodge both of this Town. Dodge who is a Mason, engaged to build and plaister a brick house for Bartlett at a certain price, in the year 1778. In the course of his doing the work, the paper currency, depreciated considerably, and the question now is, whether Dodge is to be held to the original sum, or whether, the monies he received at different times is to be reduced by the scale of depreciation at those times. Parsons was for the plaintiff, Bradbury for the defendant. Parsons in the midst of his plea, broke off and proposed to leave the matter to a reference.1 The parties agreed, and the Jury, after being employ'd four or five hours upon this cause, were entitled only to half-fees. However they were probably gainers by the circumstance, for the case was so difficult and intricate, that they would have found it very difficult to agree upon a verdict.

After this was over two negroes, and two white men were arraigned for different thefts; all of them pleaded guilty; and were sentenced to whipping, hard labour &c. At about dusk the court adjourned to 9 in the morning. I dined at Mr. Tufts's. Thomson, 296Little, and Putnam passed the evening with me. Putnam came to apply again for admission into Mr. Parsons's office. There was a bar meeting this evening, and the matter was to be laid before them, I saw Mr. Thaxter after the meeting was over, but he would not tell me what their determination was.

1.

That is, to submit their dispute to an arbitrator or referee, a practice often followed in cases involving difficult factual issues or large quantities of evidence (JA, Legal Papers , 1:xliii).

28th. JQA

1787-09-28

28th. Adams, John Quincy
28th.

I learnt this day that the bar determined last evening to abide by the rule, which they had adopted some years ago, which was that there should not be more than three students in an office at once. Putnam therefore cannot be received by Mr. Parsons. I understand he has this day applied to Mr. Bradbury, who will receive him immediately. Court sat all day, but finally adjourn'd this afternoon, till next April, when they will sit at Ipswich. There was one trial by Jury this forenoon. It was between Parson Murray1 of this town, and the inhabitants of Salisbury: One of the people of Salisbury attended always at Mr. Murray's meeting; but was assessed in his own town: the question was whether his tax should be paid to Mr. Murray, or whether it should go to the support of the minister of Salisbury. The jury brought in a verdict, in favour of Mr. Murray; a similar case has two or three times been determined in the same manner; I think very improperly; and so thinks Mr. Parsons.

In the afternoon, a man was convicted of stealing a couple of sheep; for which he was fined 30 shillings. Parsons, said in England he would have been hung, but I a little doubt. I dined at Mr. Carter's. Mr. and Mrs. Smith from Boston were there. Mr. Smith brought me a letter from W. Cranch,2 which gives me an account of the rustication of Walker. The circumstances are much to his disgrace. I had likewise a letter from my father, and one from my mother, of the 18th. and 20th. of July.3 Some letters are yet remaining. Little was with me about half an hour this evening.

1.

John Murray, minister of the First Presbyterian Church, Newburyport (Weis, Colonial Clergy of N.E. ).

2.

Not found.

3.

AA to JQA, 18 July; JA to JQA, 20 July (Adams Papers).

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