Robert Treat Paine Papers, Volume 2
Mr. Torrey1of this Town one of our Coroners, made return of a writ by him Serv'd viz Jones v. Barker2 & at the same time told me their was an Error in it (the best miss it) would prove fatall thereto, viz, you declare on the 30th of June A.D. 1765 instead of 1764. the pltf. at Plimouth was possessd &c., the Deft. also he tells me is apprizd. of this & is of the same opinion of the Coroner. In case you should be of the same mind of the Coroner & Deft. I did not know but it might prevent you some trouble, to fill another writ from that returnd in my office, which I have Copied verbatim save the above Error, and alteration of the Court from the first to the Second tuesday in April. Shoud this Inteligence be any ways serviceable my ends are answerd, & should you incline to Indorse or fill another writ & send me I will take care the same is Served. Last week sent your blanks Mr. Tillson Ripley the Forman of Judge Olivers worke wch. hope youe received. I am yor. Verry humbe. Servt.
John Torrey had been appointed one of the coroners of Plymouth County, Jan. 28, 1762 (Whitmore, Mass. Civil List, 157).
The case of Jones v. Barker was heard at the Apr. 1765 session of the Plymouth County Court of Common Pleas. Amasa Jones of Colchester, Conn., merchant, represented by RTP, attached 325Josiah Barker, gentleman of Pembroke, deputy sheriff, represented by John Adams. The case involved the illegal conversion of £70 worth of goods which came into the defendants hands and which he refused to deliver to the plaintiff. The defendant pleaded not guilty with demurrer and joinder in demurrer. The judgment was for recovery of costs (16s.) by the defendant. The plaintiff appealed through James Hovey of Plymouth and Daniel Johnson of Bridgewater, Esqs. (Plymouth Court Records., 8:150).