Robert Treat Paine Papers, Volume 2
I wrote you last week by Capt. Cobb to wch. beg leave to Reffer. I have not recd. any your favrs. since you left this place.
The Bearer Mr. Hellon just Call'd on me abt. his affairs, & tells me he supposes the £200 Security by way of Capt. Crook is settled, as you had drawn a proper note of hand1 for the same for sd: Crook to sign, wch. he had forwarded to him & doubts not its sign'd, shd. be glad soon as you receive it, that you wd. bring it with you the first time you come here, unless can send it sooner by some safe Conveyance under Cover. I wd. have you Examin the sd: note thoroughly before you give up the three Vessells for I have so bad an Opinion of Hellon that believe he wd. stick at no sort villaney & therefore might make some Eracoments in the note in order to Invalidate the goodness thereof, and make it Disputable at least. His Evidence in Capt. Fossey & Williams Case has given me his true Charactor, therefore shd. be unwilling to trust him in any shape.
Mr. Hellon tells me can make out about £200 LMy. more in Iron hollow ware, at £13.6.8 per Ton, Deliver'd there within Fifteen months, (I think he says 5 Ton wd. be ready to Deliver in three or four months) but on further Consideration abt. it, I Conclude not to have any Concern wth. sd: Iron ware, therefore he must find out some other Security. I am willing to take a good obligation for the Money payable in two Years wth. Intt. till paid am willing to give up the Land at Eastown on his geting me two hundred pds. more Security towards the £700., but cannot concern my self with the Hollow ware. I shd. think he might get some good Safe person at Taunton to give an obligation for sd. £200 on Condition that he will put sd. Hollow ware in his hands as Security therefor, he must contrive some such way, as my affairs will not admitt any further loss by360him, & am certain I could not sell sd. ware here for Money at above £10 per Ton, besides a great deal of Trouble, & Expence of Cartage here wch. wd. be near three pounds per Ton so there wd: be above fifty per Ct. loss on the sale of it.
Mr. Hellon determins to Sue N. Rogers soon as the Courts of Justice are open'd, on accot. of the Brig Capt. Osborn went it, I have advis'd him to provicate that affair soon as possible, as doubt not Three or Four hundred pounds L my. may be recoverd, wch. will be ready money & sufficient to Compleat my Demand of £700. & save the Ship Yard for himself. I desired him to let you see the Receipts Mr. Rogers & his young man gave him at the time he Deliverd them the Bills of Sale of sd: Brig Fancy. Likewise to Inform you of every Step that has been taken by sd: Rogers, what past at the time he was at his House wth. Capt. Crook when Confin'd, & lastly what Witnesses he can produce in the affair, so that you may have time to Consider thoroughly on the matter, & in case he is likely to Recover of sd: Rogers, & wd. have you be prepairing accordingly, & I will joyn some person you may approve off, to assist you when the Tryall comes on. I wd. have you tell Mr. Hellon plainly that he must not pretend to play the D—l with us, as he did in Seth William's case, that you desire to know nothing but what can be proved, & to shew you all Letters papers &c. that have passed between Mr. Rogers & him, for they may possibly have come into some private agreement together about sending the Brig: away wch. will set aside any thing we may attempt against sd: Rogers. Pray let me hear from you on that affair Soon as possible.
This accompanys a News Letter, wch. may be acceptable these Dull times & long Evenings. I rest with Esteem Sr. your Most hble. Servt.
PS. Mr. Hellon mention'd that Capt. Smith could soon sell the Hollow ware if was put into his hands, perhaps Capt. Smith wd. give his note hand to pay £200 in two years & take the Iron ware for Security, if Capt. Smith is a Safe man for that Sum, am Content to take him, or any other you may propose.
On the reverse of a letter from Robert Crooke to Ratcliffe Hellon, Newport, Dec. 3, 1765, in the RTP Papers, RTP drafted the following note:
361for value recieved I promise to pay to Gilbert Deblois or Order Two hundred pounds lawful money of the Province of the Masschusetts Bay to be paid in twelve months from the date hereof with lawful Interest for the same till paid & if sd. sum be not paid at the End of twelve months from date hereof unless at the End of sd. Twelve months I give the sd. Gilbert Deblois on his order such further security for said sum of £200 as Messrs. Channing & Wickam shall allow to be good payable in twelve months after that time with lawful Interest.
Mr. Jos. Doan has Sued one Capt. Gage, master of one of our Sloops about a whale1 to April Coart this is desired that you'll take up our Side of the Question and when I2 See you will Do what is bound four. I am yr. Humble Servt.
The case Doane v. Gage concerned the ownership of a captured whale. John Adams represented Joseph Doane, and James Otis and RTP were counsel for Lot Gage. The suit commenced in June 1766 and continued until arbitration in Oct. 1769. The referees' decision is unrecorded but was apparently in favor of the Otis contingent (See Joseph Otis to RTP, Barnstable, Jan. 10, 1770). See Legal Papers of John Adams, eds. L. Kinvin Wroth and Hiller B. Zobel, 3 vols. (Cambridge, Mass., 1965), 2:69–97.
Joseph Otis (1725/6–1810), son of James Otis (1702–1778), manager of the family store and business interests at Barnstable. He was for many years clerk of the Court of Common Pleas, was elected to the House of Representatives in 1775, and was appointed collector of customs for the Barnstable district by Washington (Waters, Otis Family, 95, 187; NEHGR 2[1848]:291).
I have not heard anything lately from Mr. Hellon respecting the Land at Eastown. I want to know wether he is likely to give me other security as I had a Man with me about buying sd: Land & if he agrees to give me the price it Cost, before Mr. Hellon makes out to do better wth: it, I shall let it go, as am not obliged to keep it for him. Inclos'd is Copy of the Judgement recover'd against him, I dont see any thing mention'd abt. the £700 Security wch: sd: Hellon was to give me &c., when I see Mr. Winthrop1shall ask him abt. it. Interim I am Sr. Your hble. Servt.
Samuel Winthrop (1716–1779) was clerk of the Superior Court.