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Robert Treat Paine Papers, Volume 1

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To Abel Willard
RTP Willard, Abel
L: George Octr. 14, 1755 Dr. Abel,

I shall now report the Case as it stands between Mr. Anglia & Mrs. Gallia. The high Court of Mars was sat & was opn'd1 before I arrived, & by minutes on the Clearks Book, I learn the proceeding of the Court to be nearly like ours. There was no Writ of Attatchment served but only Notice given at our place of abode by a Mohawk who officiated as Dpty. Shff., & accordingly the Action was entered at a Inferior Court of Common Pleas. We havg. sent forth our Justices & abt. 1000 attorneys, Mrs. Gallia opned the Case, putting in many Pleas, some Regular & some only by way of Colour & Protestation, wch. harrass'd us much, so that in short for want of a sufficient No. of Attorneys (let this be a warning to all Clients) the Jury gave it in against us, & we were obligd to pay costs & appeal to the Superior Court wch. was then luckily setting at the next County. We then being Plaintiffs Summon'd the Appellees to the Bar of a sudden by raisd Breastworks, where the Kings Attorney Genrals being feed on our side soon terrify'd them with Eloquence that roard like a 32 pounder, & altho the pleas were not all well levell'd, yet the Badness of the Cause discouragd them from demurring. They immediately betook themselves to little Tricks & Subterfuges the sure indication of a bad Cause, but in vain did Subtelty pretend to oppose the Truth. The Jury after 6 hours debate of the attorneys gave them in guilty, & Ld. Mars without Ceremony awarded Execution, wch. was immediately316levied on the Cheif of their Party & divers of their attorneys, for attorneys suffer here as well as their Clients (let this warn them against dirty Causes). No. of the Convicts fled, but a fresh Party of Shffs. fell suddenly on them executed Numbers and seized their Effects to satisfy Costs. The rest are Obliged to shut up and live on hungry fare and employ their Time as is said in preparing for a Review, But when that will be we are not warned.

ROBERT TREAT PAINE

Dft ; lacking second page, on verso of Abel Willard's letter, above, to RTP, dated at Lancaster Sept. 29, 1755.

1.

The Battle of Lake George, Sept. 8, 1755.

From Levi Willard
Willard, Levi RTP
Lancaster Octr: 28 1755 Brother Paine,

with pleasure I Imbrace this Opportunity to write. You mention'd in your letter to me you tho't their was not any thing Engage my tho'ts, but Worcester. But I can assure you my friends now in the Expedition & the Consequences of it, (if they should not proceed, as you seem to think they will not) are Continually in my mind, & the Chief Toppick is Crown Point. But we Now Dispair of your proceeding this year & I Expect to see you at Lancaster soon, for poor Abel is in trouble, for he is not able to confine himself to his Chamber above an Hour at a time except when asleep, & if you Dont Return soon he will loose this Winter Intirely.

Mars engrosses so much of our thots. and conversation that I can scarce put in a word or Even think of Venus, & the Nuptial day Stands Perogued untill the fifteenth of Novr. which will be a Saturday Night.

Ms. Kate & all our friends at Worcester are often Inquioring after you, & as for Lancaster for a fortnight after you left us, the discourse was when one person met another, was, how do you do, & how did you like Mr. Paine Last Sunday, very well, I did not expect such a Sermon from him And says another I hope he will not be a Lawyer & much more might be said but we will leave it untill you Return.

You tell me your Stores ar not arive'd which I am sory to hear, but if you stay any time their, when your Stores arive & get you a good house317built, I hope you will give your Self time to set down to your Desk & Give us a full acct. of the Proceedings that we may know What to Depend upon.

Our Nova Scotia friends are well the last acct.—as allso Lancaster & Boston friends. We have accounts by Capt. Partridge from London that the English have taken 5 french men of War & Severall Marchantmen as allso one of our Ships in the Engagement were Blown up by some accident. I shall add no more but Subscribe my Self Your Sincear friend &c. &c.,

LEVI WILLARD

RC ; addressed: "To Mr: Robert Treat Paine Chaplin in the army Destin'd for Crown point now at Lake George"; endorsed.