Robert Treat Paine Papers, Volume 2
Mr. Torrey1of this Town one of our Coroners, made return of a writ by him Serv'd viz Jones v. Barker2 & at the same time told me their was an Error in it (the best miss it) would prove fatall thereto, viz, you declare on the 30th of June A.D. 1765 instead of 1764. the pltf. at Plimouth was possessd &c., the Deft. also he tells me is apprizd. of this & is of the same opinion of the Coroner. In case you should be of the same mind of the Coroner & Deft. I did not know but it might prevent you some trouble, to fill another writ from that returnd in my office, which I have Copied verbatim save the above Error, and alteration of the Court from the first to the Second tuesday in April. Shoud this Inteligence be any ways serviceable my ends are answerd, & should you incline to Indorse or fill another writ & send me I will take care the same is Served. Last week sent your blanks Mr. Tillson Ripley the Forman of Judge Olivers worke wch. hope youe received. I am yor. Verry humbe. Servt.
John Torrey had been appointed one of the coroners of Plymouth County, Jan. 28, 1762 (Whitmore, Mass. Civil List, 157).
The case of Jones v. Barker was heard at the Apr. 1765 session of the Plymouth County Court of Common Pleas. Amasa Jones of Colchester, Conn., merchant, represented by RTP, attached 325Josiah Barker, gentleman of Pembroke, deputy sheriff, represented by John Adams. The case involved the illegal conversion of £70 worth of goods which came into the defendants hands and which he refused to deliver to the plaintiff. The defendant pleaded not guilty with demurrer and joinder in demurrer. The judgment was for recovery of costs (16s.) by the defendant. The plaintiff appealed through James Hovey of Plymouth and Daniel Johnson of Bridgewater, Esqs. (Plymouth Court Records., 8:150).
At the desire of Mr. Johonnot I am to request you not to Enter either of his Actions against Mr. Wheelwrights Trustees. Hope as he is like to be a great sufferer you will use your utmost Endeavours to prevent his paying any Cost but your own. I am Yr. hum. Servant
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
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).