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Robert Treat Paine Papers, Volume 2

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From Gilbert Deblois

26 April 1768

From Samuel Fitch

27 August 1768
From Shearjashub Bourne
Bourne, Shearjashub RTP
Barnstable June 30th 1768 Sir,

Inclosd. I1 send you a Note on Elisha Brewster, Who Stands Sued to the June Court at Plymo. and if you will be so good as to Carry thro' the action for me (as I Cannot Very well come) I shoud be Very glad, and I think you have from Majr. Doane a Power of Attor. which If you have not and any Dispute arises I have Inclosd a Substitution to Pelham Winslow.2 Your Very H. St.,

SHEARJB. BOURNE

PS: please to ask Winslow Pelham for the Note. I have Inclosed it to him. I shoud be glad when the Court arises if you woud write me a Line whether Brewster action is appealed or not.

RC ; addressed: "To Robert Treat Paine Esqr. att Plymouth"; endorsed.

1.

Shearjashub Bourne (1746–1806) graduated from Harvard in 1764, was admitted to practice at the Superior Court in 1767 and as a barrister in 1772. He settled at Barnstable, later served two terms in the Federal House of Representatives, and was appointed chief justice of the Court of Common Pleas of Suffolk Count in 1801. He became a good friend of RTP (Sibley's Harvard Graduates, 16:20–23).

2.

RTP represented Elisha Doane of Wellfleet in his case against Isaac Brewster of Kingston (represented by James Hovey) over trespass on a note, originally payable to James Warren but endorsed to Doane. The court awarded a judgment of damages and costs to the plaintiff in the July 1768 term of the Plymouth Court of Common Pleas. The defendant appealed the judgment, but there is no further record of the case (Plymouth Court Records, 8:264).

Pelham Winslow (1737–1783) graduated from Harvard in 1753 and studied law with James Otis, Jr. Admitted to practice before the Superior Court in 1764 and as a barrister in 1767, Winslow prac-431ticed law in Plymouth. During the Revolution he served as a major in the British Army and became a loyalist refugee (Law in Colonial Mass., p. 357).