Boston 23d. Aug. 1763 Good brother Paine,

I recd. your letter1relating to your business at this court. I will not detain you to inform you how much I envy your situation whom a boil detains from the sultry court. A man would almost be willing to take as many as fell to poor Job's lot rather than undergo the fatigues & toils of the season situation &c. &c.

But to come to the point Brother Otis hath this day given up the case of Gray vs. Gray & judgment is ENTRED for your client.2

I will observe what you say as to the other & give the best attention I can to the cause. With respect to our cause as they you call it (improperly I think for I have only recd. two dollars of the Rochestrian client and that at Plymouth) I will look into it & if it may be argue it this court. However as there is another superiour court here before that at Plymouth it would not be any great matter if it shuld pass now and perhaps mayhap my remembrance & invention may be somewhat brighter quicken'd the usual way.

Lastly I must desire the favor of you to call upon Mrs. White of Taunton Nathanl. White's wife and inform her that I cannot procure a longer continuance of her husband's cause that it is assigned to fryday next and I desire she will send me four dollars for the jury and a fee to myself. Otherwise I must become nonsuit on the appeal which will be attended with great charge to her husband.

269

So wishing the boil may continue as long will serve your health & interest & no longer I conclude with asking your pity for yr. weary brother,

O THACHER

P.S. I guess a packet will accompany this from our yg. ladies.

RC ; addressed: "To Robt. Treat Paine Esq. in Taunton"; endorsed.

1.

Not located.

2.

The case of Lot Gray & uxor v. Thomas Gray, appellee, was handled by Col. James Otis, Sr., and RTP for the appellants and James Hovey and James Otis, Jr., for the appellee. A jury at the Superior Court of Judicature, May term 1763 in Barnstable, found for the appellants, but the appellee moved an arrest of judgment to be argued at Boston. However, as indicated above, the motion was waived in Aug., and judgment was entered according to the jury verdict (Minute Book, Superior Court of Judicature, Barnstable Co.).