Robert Treat Paine Papers, Volume 2
We have the pleasure of Informing you that we have recovered against Richmond. Stetsons Evedence was not admitted, which when they found they gave up: but find that they will push hard for it at the Supr. Court;1 therefore it will be necessary for us to Endeavor to Invalidate it, should they obtain. It will be for us to Endeavor to prove that he was abroad at the Time that our Attachment was made; shall be glad that you will procure any such Evedence if Within your knowledge what think you of Examming his Brother & Sister Leonard or any other persons then liveing in there House (where he then was) on Oath, if there House was keept fast or he not abroad.
Mr. Auchmuty is apprehensive that they will plea against us for not haveing any person Impowered at Dighton to act for us in apprizeing Stetson Real Estate when the Execution was returned, we did desire (the Representive) Collo. Richmond to act for us, and he Ingaged so to do, please to Inquire weather he did not offer his service for us in that matter to his Father, & If he did procure his Evedence. It will be of consequence to find from the old collo. (as Evedence either from him or before witness) weather Mr. Rowe has not giveing him Security in Consequence of his delivering up the Estates attached for us.
As we find that they will Endeavour to procure all the Evedence
This case was not carried forward to the Superior Court.
Mr. Wentworth1 the Shff. informd me2 yesterday you had Enterd Cob:v: Quincy but that he made no return of writ supposing as I did that as Mr. Cobb had not returnd me the order I gave him on Colo. Bowers last march the Law presumes he was Satisfied by keeping the order, wch: if he had done I would have endeavourd to pay the money tho' he could have no Demand on me, but I much wonder how an action could be Enterd witho: a Return of the writ. However I have no Desire to Cavil, tho I am advisd from Boston that the Debt is Satisfyd. by Detaing. the order, tho not paid, wch: I much wonder shd. not have been, if it ever was presented for Payment. Now Sir as an old Freind and acquaintance having no other to apply to at Taunton let me beg the favour of yo: to pursue the action no farther and as the writ is not returnd in Season yo. can Safely drop it, depending upon my Honor that yo. shall Loose nothing by it and that I only want to get Some wine Claret Brandy &c. to Taunton to dispose of or till I can get a Ton of Pott Ash to Boston to raise Cash. I had laid the money by waiting for the return of the order but unhappily my furnace kettle burst wch: obligd. me to make use of it, have again got to work and you may depend the first moneys I can Start it Shall be Done I am sorry my old Freind Capt. Cobb. should drive this affair so, when he knows the many unhappy Losses I mett with in a Short time. If yo. Can't recede from the action under Circumstances of the writ not being in Season returned, let me beg yo. to appeal it in my Behalf or get Some Freind to do it to Save an Execution. I dont mean on accot: of the Charge, but on another accot. that I will let you know ab ore,3 that youl not wonder at my applying to my opponents attorney to be my Freind. Coz S:Q: appeald a Case for me at Bo. tho he was against me in414the action some time ago. I will let yo. have a Cask of Claret for much less than it Cost as Soon as I can get it to Taunton. I hope by Liscombe next week yo. Regarding me in this affair and informing what is done. Shall as Gratefuly resented by Yr. Frd. & most Hble. Sevt.
Not identified.
Edmund Quincy, Jr. (1725/6–1782) of Stoughtonham, was a landowning gentleman with various business and mining interests. He was a brother-in-law of John Hancock and first cousin of the Edmund Quincy (1733–1768), known as Tertius (Holly, Descendants of Edmund Quincy, 7).
Orally.