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Robert Treat Paine Papers, Volume 2

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From Robert Auchmuty

9 March 1765

From Samuel Fitch

28 March 1765
From Robert Auchmuty
Auchmuty, Robert RTP
Boston March the 15th 1765 Sr.,

The Bearer hereof Mr. Bentley has been most cruelly used by one Howard. On Application to me I find his Remedy must be had out of this County as neither party live in Suffolk. He is a Stranger & very much injured I therefore have recommended you to him as I know you would be willing if not prior Engaged to serve him. The affair I must He will inform you of the particulars & I hope if what he says is true the said Howard by your good conduct will suffer adequate to his offence.1I am Yr. hum. Servant

ROBT. AUCHMUTY

RC ; addressed: "To Robert Treat Paine Esqr. at Taunton"; endorsed.

1.

Robert Bentley of Dartmouth, merchant, sued Edward Hayward and Edward Hayward, Jr., Esqs., and Adam Baily, yeoman, all of Bridgewater, on the charge that they "with force and arm's made an assault on the body of the said Robert and beat wounded and Evely Intreated and Imprisoned and him in prison then and there detained for the space of Twenty hours and until he had paid them the sum of eight pounds for his release." The case was brought before the Bristol County Court of Common Pleas, May term 1765, but was submitted to three referees, Josiah Edson, Benjamin Akin, and Hugh Orr. At the next session of the court (June 1756) another set of referees (Edward Winslow, Nathaniel Searles, and Capt. John Stearns) was substituted. However, when the case was326brought back to the May 1766 term it was defaulted by non appearance of any of the litigants or their attorneys (Record Book, Bristol County Court of Common Pleas).

RTP noted receipt of 6 shillings from "Robt. Bentley R Fee" on Apr. 9, 1765, £1.16 on May 7, and a further 12s.8d. as a fee from Bentley on Sept. 20, but recorded nothing further concerning this case (RTP Cash Book).