Robert Treat Paine Papers, Volume 2
The Inclos'd was to have gone by Mr. Liscomb a few days ago, but mist of him. This moment recd. yours by Capt: Smith. of 5th. Instant & note the Contents. Mr. Auchmuty wants only to know the Steps that were taken at yr. Court wth: Mr. Hellon in Recoverg: Judgemt. against him also what was done wth. all my attachments, & in what manner the Execution now lays &c. and desires you will bring him all the necessary papers (I suppose he means) out of the Clerk's office.
I am sorry to observe by yours, that there has been so many meetings on Caldwell's affair, & yet not Determin'd, make no doubt you'l do your utmost in order I may have justice done, as to Caldwell:s produceing more Evidence it cannot be such as ought to carry any sort of weight wth. the Gentn. Refereese, & he may take what pains he pleases to set aside Truth, but hope will not Succeed, you see by the Inclos'd that his385plan is to set aside (if he can) the Depositions & I make no doubt he will Endeavour to pick up some kind of Fellow that will say & sware to anything, but I am thoroughly convinc'd (as is also Mr. Auchmuty) that if the Gentn. Reffereese are not Partial, they will given the Case in my favr. as to Caldwell:s bringing Evidences that the Lumber was better then Common, or that it cost him more then I Demand it at, is quite Idle, for neither of these is doubted, but can he fairly & Clearly prove to the Satisfaction of the Gentn. Refferees that Mess. Rhoads & Leadbetter were not agreed upon by us both, to Pick & Cull the sd: Lumber, that he made no agreement about the price of it when first Engag'd to supply me, or that he made a new agreemt. for Price after he began to supply sd: Lumber Either wth: me or with any other person whatever in my behalf, shd. he persist that the above was the case, how came it about that he sufferd sd: Rhoads & Leadbetter at first to Cull the sd: Stuff, & if he agreed at first at no Certain price, or did afterwards fix a price, what occation was there for him to Dispute &c. wth: sd: Cullers, & Reffuse to Supply my Ships with what Lumber they requir'd more to fill them up, I think it cannot appear otherwise (let him sd. Caldwell try every unfair unjust method he pleases) then that sd: R. & Leadbetter were actually agreed on at the price of the other persons I Contracted with at the same time for Lumber to be Cull'd by the same persons Rhoads & Leadbetter, therefore ought in justice to be accordingly Settled at the same rate I paid them. I will not add further on this matter, if what has been related allready wth. the Depositions &c: will not produce me justice, there is no such thing as geting at it where there Fifty other Evidences to be found it could not so Remain wth: Regard Sr. your most hble. Servt.