Bath. July 15th. 1752 Sr.,1

I understand this day by Mr. Balch that you have served a Writt upon Abra: Sheppard, & that he pretends to say that he can prove by Evidence that I took that Note as Satisfaction for the Debt; wch. could he prove the Case might go against me but I imagine he cannot, for when he Endors'd the Note of Hand to me there was no body present but my Pilot, who was Edmund Tyson junr.,2 & he I imagine will Explain the Matter in a different Light (If he can tell any thing about it). He will testify that Sheppard promised to meet me soon after at Mr. Snoads & that if Lane had not answered the note he would contrive some other Method; & much more talk we had to the same purpose. But beside this, the last Time I went to him, to demand the money by Virtue of his Endorsment, Aaron Tyson,3 (a Brother to the above Named Edmund) was with me & he will testifye that we talked near two hours about the Debt, & contrived Many Methods of Payments before he started the170Least Objection 'till l, (seing I could not speedly be paid) proposed to take his Bond. He then in a faultering Mealy Mouth'd Manner after evading many close Questions told me that he thought I took Lanes note as Satisfaction. I am satisfyd that Neither of the above named Persons can swear any thing against my Case. They Both thought me much abus'd, & I believe their Evidence will be Serviceable in the case. I doubt not but you will take all proper Methods to see Justice done me who suffer for doing a Freindly Action. My Vessell is not as yet come in tho I have expected her this six weeks. I shall further Examine the above Evidences & if I can learn more I shall inform you, from yrs. &c.,

ROBERT TREAT PAINE

LbC ; addressed: "To Mr. Jer: Veal attorney at Law att Newbern."

1.

Jeremiah Vail, in addition to his activities as a lawyer, was prominent in the North Carolina General Assembly at this period and held many government posts including that of collector of impost for Craven County (Colonial Records of North Carolina. 5:42, 23:348, 373, 397).

2.

Edmund Tyson, Jr., was described as a planter of Beaufort Co., N.C., in a 1755 deed (Beaufort Co. Deed Book 3:206 in 'Tyson and Sugg—Beaufort County, N.C. Records: by Sybil Hyatt, 1941. Typescript in North Carolina Collection, University of North Carolina, Chapel Hill).

3.

Aaron Tyson was deeded a 200-acre tract of land on Tar River by his father Edmund Tyson, Sr., in 1755. He was later a justice of the peace (Beaufort Co. Deed Book 3:205, in Hyatt, "Tyson and Sugg," 3).

N: Carolina. Bath-Town July 20, 1752 Sr.,

I cannot tell whether you have recd. Any of my Letters But however that is I have wrote many to you. I wrote you by Capt. Dunham, a Vessell chartered by Jona. Mason the Brasier,1 dated the 15th. of April in wch. Letter I desired you to send me a Vessell. There has been severall Vessells here since that from Boston, but I have never heard one word from you since I left Boston saving the death of Mr. Darrall which I heard Accidentally. I have had Tar at the Landings for this six Weeks or two Months, wch. has been running out in Spight of Any thing I could do to the Contrary. The Weather has been so Excessive hot for this six Weeks past & the County every ways so uncomfortable, that had I thought I must have stay'd so long here, I Would not have come for half the Cargoe. I have been Idling my Time away for this Month; for I can not get better prepard for a Vessell than at present I am. When I wrote for a Vessell,171I wrote for one of about 90 Tons but one of 70 or thereabouts will answer now for I cannot get in all the debts which I came for. I beseech of you dont fail of sending me the Rum I wrote for, Vizt. as much as will come to 150£ O:T: for if you do I shall not be able to get the Vessell out of the Country. If you have not sent me a Vessell already, pray send me one with all dispatch, or I must Come home & fetch one. Pray Consider what uneasy Scituation I am in & oblige yr. Freind & humble Servt.,

ROBERT TREAT PAINE

P.S. Pray send no men in the Vessell but such as have had the Small Pox

LbC ; addressed: "To Mr. Saml. Downes mercht. in Boston Pr. Capt. Robson."

1.

Jonathan Mason (d. 1796), later a prominent Boston merchant (Thwing Index).