Boston, May 13, 1765 Brother Payne,

I have just this Instant dismiss'd your Friend Dodge1 from the long Audience; I demanded of him your 18/. & he demur's, & for Causes of Demurrer allegeth, that the action was originally commenced by him against Symonds at Worcester Court; that Brother Putnam2 was his Attorney there & has been accordingly paid; that he never employed you as his Attorney, & never gave you any Power, but only, seeing you at Worcester, desired you to be a Referee with Capt. Taylor & me; for which he has since paid you your Demands—That he travelled himself from Lunenbourge to Boston Supr. Court & attended the Court & the Referees; that he afterwards saw you on the Floor of the Court House, & enquired of you which was Mr. Hatche's3 office, & you went into the office with him, & he enquired of you then ask'd you one or two Questions about the taxing the Bill, not as Attorney but as a Friend. He thinks, as you saved him no Travel or Attendance, & was not spoke to till after the Matter was determined, the most you can be entitled to is, the Attorneys Fee, & even that he thinks is hard. This is his plea & I shall wait till I have your Replication. He tells me he shall be down again in about three Weeks, & desires me to suspend the Matter till I hear from you, & see him, which I have promised to do. I wish you would be short on this Subject, but wrote me a long Letter.

I intended to have given you a Dish of politicks, but find I have not room, for it is against my Conscience to exceed half a Sheet. If you write me largely upon any Thing, you shall have a full & particular Answer the first Oportunity. I am told Edes and Gill's Paper of this Day contains Mr. Otis's4 speech at Town Meeting, but have not seen it; if it is curious give me your sage Remarks on it. I wish I war't in a Hurry for I feel inlarged, but

JON: SEWALL

RC ; addressed: "To Robert Treat Payne in Taunton"; endorsed.

1.

William Dodge of Lunenburg. This action went back to the Sept. 1757 session of the Superior Court in Worcester when David Simons sued Dodge. The matter was sent to three referees (Jonathan Sewall, Ezra Taylor, and RTP) who were allowed to report the matter to the Superior Court session at Boston which they did in Feb. 1758 finding judgment for Dodge and awarding him £4 damages and costs assessed at £7.6 (Minute Books, Superior Court of Judicature, Worcester Co. and Suffolk Co.).

332 2.

James Putnam.

3.

Nathaniel Hatch, clerk of the Superior Court.

4.

James Otis's address "to the Freeholders and other Inhabitants of Boston" was printed in The Boston Gazette, and Country Journal for Monday, May 13, 1765. The following issue (May 20) contained an account of the town meeting of May 14 at which Otis was elected moderator.