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Robert Treat Paine Papers, Volume 1

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From Edward Flint

13 October 1755

From Levi Willard

28 October 1755
To Abel Willard
RTP Willard, Abel
L: George Octr. 14, 1755 Dr. Abel,

I shall now report the Case as it stands between Mr. Anglia & Mrs. Gallia. The high Court of Mars was sat & was opn'd1 before I arrived, & by minutes on the Clearks Book, I learn the proceeding of the Court to be nearly like ours. There was no Writ of Attatchment served but only Notice given at our place of abode by a Mohawk who officiated as Dpty. Shff., & accordingly the Action was entered at a Inferior Court of Common Pleas. We havg. sent forth our Justices & abt. 1000 attorneys, Mrs. Gallia opned the Case, putting in many Pleas, some Regular & some only by way of Colour & Protestation, wch. harrass'd us much, so that in short for want of a sufficient No. of Attorneys (let this be a warning to all Clients) the Jury gave it in against us, & we were obligd to pay costs & appeal to the Superior Court wch. was then luckily setting at the next County. We then being Plaintiffs Summon'd the Appellees to the Bar of a sudden by raisd Breastworks, where the Kings Attorney Genrals being feed on our side soon terrify'd them with Eloquence that roard like a 32 pounder, & altho the pleas were not all well levell'd, yet the Badness of the Cause discouragd them from demurring. They immediately betook themselves to little Tricks & Subterfuges the sure indication of a bad Cause, but in vain did Subtelty pretend to oppose the Truth. The Jury after 6 hours debate of the attorneys gave them in guilty, & Ld. Mars without Ceremony awarded Execution, wch. was immediately316levied on the Cheif of their Party & divers of their attorneys, for attorneys suffer here as well as their Clients (let this warn them against dirty Causes). No. of the Convicts fled, but a fresh Party of Shffs. fell suddenly on them executed Numbers and seized their Effects to satisfy Costs. The rest are Obliged to shut up and live on hungry fare and employ their Time as is said in preparing for a Review, But when that will be we are not warned.

ROBERT TREAT PAINE

Dft ; lacking second page, on verso of Abel Willard's letter, above, to RTP, dated at Lancaster Sept. 29, 1755.

1.

The Battle of Lake George, Sept. 8, 1755.