USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 8 > Part 7
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Jeremiah Neale* and John Williames,* on 24 : 2 : 1680, appraised land and a part of a house of Mr. Richard Holling- wod's at Marble Head ferry or Point of Rocks, so called, in Salem, lying between Mr. Phillip Crumwell and Mr. Phillip English, at 11li. 15s. Sworn, Feb. 7, 1681, before William Browne,* assistant.
Execution, dated 6 : 9 : 1680, against Lt. John Wing, to satisfy judgment granted Mr. Jonathan Corwin, in behalf of his wife Elizabeth, lately Elizabeth Gibbs, 29 : 4 : 1680, at Salem court, signed by Hilliard Veren,* cleric, and served by Returne Waite,* deputy to Henry Skerry,* marshal of Salem. Mr. Jno. Frost and Mr. Tho. Baker, appraisers of the goods, were sworn, at Boston, Jan. 19, 1680, before Elisha Hutchin- son,* commissioner.
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SALEM QUARTERLY COURT
[Nov.
Execution, dated 3 : 10 : 1680, against Thomas Frame, to satisfy judgment granted John March, 30 : 9 : 1680, at Salem court, for 4,000 red oak hogshead staves, to be delivered at some convenient landing place below Holt's rocks on Merimake river side, signed by Hilliard Veren,* for the court, and served by Robert Lord,* deputy for Henry Skerry,* marshal of Salem.
Execution, dated 7 : 10 : 1680, against Andrew Tucker, to satisfy judgment granted John Elletrop, 30 : 9 : 1680, at Salem court, signed by Hilliard Veren,* cleric, and served by Henry Skerry,* marshal of Salem.
Execution, dated July 21, 1680, against Joseph Gatchell, to satisfy judgment granted Peetar Cheevers, at the June term of the Salem court, signed by Hilliard Veren,* cleric, and served by Henry Skerry,* marshal of Salem.
Execution, dated July 2, 1680, against William Barton, to satisfy judgment granted John Cromwell, 24 : 4 : 1680, at Salem court, signed by Hilliard Veren,* cleric, and served by John Williams,* deputy to Henry Skerry,* marshal of Salem, who delivered Barton to Cromwell, as his servant for four years, or until the execution be paid.
Execution, dated July 1, 1680, against John Price, to satisfy judgment granted Benjamin Balch, son of John Balch, de- ceased, and joint executrix with his mother-in-law, Agnes Balch, 30 : 4 : 1680, at Salem court, signed by Hilliard Veren,* cleric, and served by Henry Skerry,* marshal of Salem, who gave possession by turf and twig.
Execution, dated 28 : 12 : 1679-80, against Mr. William Longfellow, to satisfy judgment granted Penuell Titcombe, 25 : 9 : 1679, signed by Hilliard Veren,* cleric, and served by Robert Lord,* deputy to Henry Skerry,* marshal of Salem, by attachment of Longfellow's gate rights in Rowley common.
Execution, dated 28 : 4 : 1680, against Samuell Gatchell, to satisfy judgment granted John Best, Apr. 6, 1680, at Salem court, signed by Hilliard Veren,* cleric, and served by John Williams,* deputy to Henry Skerry,* marshal of Salem.
Execution, dated 24 : 7 : 1680, against Mr. Edmond Batter, to satisfy judgment granted Ruth White, June 29, 1680, at Salem court, signed by Hilliard Veren,* cleric, and served by Henry Skerry,* marshal of Salem.
Execution, dated 20 : 10 : 1680, against John Keene, to satisfy judgment granted, 30 : 9 : 1680, at Salem court, signed by Hilliard Veren,* cleric, and served by Henry Skerry,* marshal of Salem, at Keene's house in Boston.
Execution, dated Sept. 15, 1680, against Nicholas Manning, to satisfy judgment granted Resolved White, Sept. 7, 1680, at the Court of Assistants in Boston, signed by Edward Raw- * Autograph.
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son,* secretary, and served by Henry Skerry,* deputy to Joseph Webb,* marshal of Suffolk, by attachment of two cows.
Execution, dated 26 : 12 : 1680, against Capt. Nicholas Page, assignee of Thomas Woodbridge, to satisfy judgment granted Mr. George Carr, sr., and Mr. James Carr, Nov. 30, 1680, at Salem court, signed by Hilliard Veren,* cleric, and served by Henry Skerry,* marshal of Salem, who delivered the money to Mr. Thomas Baker, a smith, of Boston, agent for the Carrs of Salisbury.
Execution, dated May 5, 1680, against John Procter, to satisfy judgment granted Joseph Procter, 24 : 4 : 1679, at Salem court, signed by Hilliard Veren,* cleric, and served by John Williams,* deputy to Henry Skerry,* marshal of Salem.
Execution, dated Oct. 6, 1680, against Jonathan Gatchell of Marblehead, to satisfy judgment granted John Best of Salem, signed by William Browne,* assistant, and served by Henry Skerry,* marshal of Salem, by attachment of a house and committing said Gatchell to prison.
Execution, dated 7 : 10 : 1680, against Robert Hooper, to satisfy judgment granted Mr. Christopher Lattamore, 30 : 9 : 1680, at Salem court, signed by Hilliard Veren,* cleric, and served by Henry Skerry,* marshal.
Thomas Patch, aged about forty-two years, deposed that the country highway at Frost-fish brook is not sufficient for want of a bridge. Sworn in court.
Thomas Woodbridge, aged about thirty-one years, testified that about four years ago Mr. Abram Bartholomew desired Mr. Jno. Westcut to go to Salem and bring some blocks for his ship, which he did, procuring them either at Salem or Marble- head. Sworn, Dec. 3, 1680, before Bartho. Gedney,* assistant.
Venire, dated Oct. 12, 1680, for Salem, also summons to the selectmen of Salem, for want of a bridge at Frostfish river, and to Phillip Mudle, for living from his wife and attempting marriage with another woman, signed by Hilliard Veren, * cleric, and served by Joseph Hardy,* constable of Salem.
Taken up by Samuell Smith, Oct. 9, 1680, a sorrel horse, four years old, with a white stripe down his face, with one white foot, and docked; also taken up by Jeremiah Elsworth a dark, blackish bay horse colt, coming two years old, with a star in his forehead.
Edward Rawson,* secretary, certified that at the General Court on May 19, 1680, John Grafton, Resolved White, Robert Fuller, Jno. Felton, Joseph Phippen, Thomas Put- man, jr., Wm. Stacy, Zachariah March and Symon Booth, all of Salem, were made freemen.
Edward Rawson,* secretary, certified that at the General * Autograph.
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SALEM QUARTERLY COURT
[Nov.
Court on May 27, 1674, Mr. Daniel Epps, jr., then of Ipswich, was made freeman.
Bond, dated Sept. 16, 1680, given by John Appleton* for appearance to prosecute against Anthony Potter, before Maj. Gen. Denison on Sept. 23, 1680.
Samuell Appleton,* in behalf of his father Capt. John Appleton, was also bound.
John Warner's* charges: one day when the estate was prized, 2s .; removing the Provisions & Lumber on day with my teame, 3s .; carriing Provision & other things to Mistaris treadwell, 3s .; going to the farme once a weecke to look after the creturs, 3s .; three days & a halfes time to bring the cattell from the farme, 7s .; Providing for those that did helpe us to remove the cretures, 2s .; three days & a halfe I hired hands to help us, 6s .; keeping of ten sheepe eaight weackes, 1li .; keeping too hefers three weekes, 3s .; total, 2li. 9s.
Bond, dated July 31, 1680, of John Lighton,* for appearance to prosecute against Samuell Graves.
Bill of cost of Dorcas Gatchell, Mary Ossgood, Phillip Rowell and Sarah, his wife, in a complaint against John Ring and Martha Lampson, 16s.
Copy of deed, dated Sept. 14, 1677, given by Thomas Cobbet, pastor of the Church of Christ of Ipswich, and wife Elizabeth, for 40li., in money, pork, wheat and malt, to John Burnam, jr., marsh on the east side of Jubaquo river, formerly granted him by the town and laid out by Deacon Pengry and Robert Lord, sr. Wit: John Rogers and John Denison. Elizabeth Cobbet released her dower. Recorded in the record of lands for Essex, book 4, page 382. Copy made by Robert Lord, * recorder.
Deed, dated May 20, 1670, given by Richard Bloodt of Groton, yeoman, for 10li. 10s., to Samuell Bennet of Boston, gentleman, ten acres of meadow and pasture in Lynn, for- merly granted by the town of Lynn to John Poole of Lynn, husbandman, and by him conveyed to said Blood, bounded on the south by land of John Gilloway, on the north by land of William Martin, on the east by the Lynn common land, and on the west by the river running to the Iron Works. Wit: Ed. Page,* Jonathan Crisp* and Hen. Nelson,* scribe.
From the files of the Salem Commissioners' court:
Writ: Mr. Edmond Batter v. William Buckley; debt, due from his son Thomas, late deceased; dated July 26, 1680; signed by Hilliard Veren,* for the court and town of Salem; and served by Henry Skerry,* marshal, by attachment of a long table and great chest of defendant's.
Writ: John Pudney v. Anthony Needham, and Mr. Jonathan Palmer and Mr. Thomas Norman, as sureties; forfeiture of a bond; dated Sept. 30, 1680; signed by Hilliard Veren,* for the court and town of Salem; and Berved by Peter Cheevers,* constable of Salem, by attachment of land about * Autograph. t Autograph and seal.
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1681]
COURT HELD AT IPSWICH, MAR. 29, 1681.
Judges: Major Genrll. Denison, Esq., Major Nath. Salton- stall, Esq., Wm. Browne, Esq., and Bartho. Gedny, Esq.
Jury of trials: Capt. John Apleton, Mr. Simon Willard, Mr. Sam. Rogers, Tho. Hart, Thomas Lull, John Newmarsh, Mr. Rich. Dummer, Samuell Platts, Josiah Gage, Tho. Oss- good, Jacob Towne and Ephraim Winsley.
Richard Dole v. Capt. Nicolas Maning. Debt. Verdict for plaintiff .*
*Writ: Richard Dole v. Capt. Nicholas Maning of Salem, for goods now in the hands of Joseph Plummer of Newbury; debt; for two cows and two calves which Maning bought of Dole in 1675; dated Mar. 22, 1680-81; signed by Anthony Somerby, t for the court and clerk for Newbury; and served by Joseph Pike,t constable of Newbury. Joseph Plumer owned that he owed Maning 5li. in barley at 3s. 6d. per bushel and Indian corn at 2s. 6d. per bushel.
Richard Dole's bill of cost, 1li. 11s.
Joseph Plumer, aged about fifty years, deposed. Sworn in court.
Letter addressed, "Thes for M' Dowell Liueing at New- bery in New England these Deleuer."
"M" Dowell Sier after my Loue presented theyes may infourem you that I haue sent for the to Cowes that I bougt
maid Needham's house. Execution served on 6 : 8 : 1680, by Henry Skerry, t marshal, and judgment satisfied.
Execution, dated Oct. 6, 1680, against Anthony Needham, to satisfy judgment granted Henry Cooke and Robert Pease, at Salem Commissioners' court, Oct. 5, 1680, signed by Hilliard Veren, t cleric, and served by Henry Skerry, t marshal of Salem.
Summons, dated 5 : 8 : 1680, to Mary Robbins and Charles Phillips, as witnesses in an action between Thomas Robbins and James Simans, signed by Hilliard Veren, t for the court and town of Salem.
Bond, dated 15 : 9 : 1680, given by Samuell Princet of Salem, tailor, to Resolved White, for the payment of all debts. Resolved Whitet accepted it on the same date. Sworn in Salem Commissioners' court. On June 14, 1681, Resolved Whitet acknowledged the receipt.
Warrant, dated 2 : 10 : 1680, to the constable of Marblehead, for the appearance of Robert Sweete, for beating and abusing Thomas Russell, signed by Hilliard Veren,t cleric; and also summons to Richard Rowland and John Buckley as witnesses.
Richard Rowland, aged twenty-two years, testified that he was in the house of his brother, Erasmus James, with Thomas Russell, sitting peaceably and quietly by the fire. Robert Sweet came in staggering and striking Russell, pulled him out of doors.
Thomas Rusellt complained on the next day, Dec. 2, 1680, that Sweete struck him so that his hearing had not come back as it was before, etc.
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IPSWICH QUARTERLY COURT
[Mar.
Robert Haines v. Joseph Lee. For refusing to give posses- sion of a house and land. Verdict for plaintiff. Possession to be given within one month or 14li. in merchantable fish. Appealed to the next Court of Assistants. Joseph Lee bound, with Phillip Fowler and Josiah Clarke, as sureties .*
of you the Last satterday and farder I dow desier you to send me one Cowe more as good a wan as you Cann if possibell and deLiuer them to the barer hereof Robert Gray and I shall not faiel you to macke youer gon stockes and stellerds that you speck for of me at the time so haueing noe more at present I rest Youer Loueing frind to sarue in what I Cane
"the 26 of Aprel 75 Nicholas Maning."t
William Dole, aged about twenty-one years, deposed that he delivered the cattle for his father, Richard Dole. Sworn in court.
Samuell Plumer, aged sixty-two years, deposed that he helped Maning's man over the ferry with the cattle, and the young man was Maning's son-in-law. Sworn in court.
*Writ, dated Feb. 14, 1680, signed by Daniel Denison,t for the court, and served by Robert Lord,t marshal of Ipswich.
Letter of attorney, dated Mar. 3, 1680-81, given by Robert (his mark) Heinest of Hog Island, Isles of Shoales, fisherman, to Mr. John Wainwright of Ipswich, merchant. Signed, sealed and delivered to Mr. Andrew Deamont in behalf of Mr. John Wainwright, in the presence of Samuel Belchert and Mercy Belcher.t Acknowledged, Mar. 3, 1680-81, before Andrew Deamont, t commissioner.
John Wainwrite's bill of cost, 1li. 13s.
Jno. Wainwright'st receipt, dated July 7, 1680, to Robt. Haines for 10li. in fish on account of Joseph Lee, which with 20s. in money was in full for the house at Hog Island. Wit: John Hunt.t
John Wainwright, aged about thirty-one years, deposed that in June or July last, Joseph Lee sold to Robt. Haines, a house that was formerly in possession of Gabriel Grubb, for 11li. 'Also that Lee gave deponent an order to give Haines possession but he had no power then and could not do it. Haines came to Ipswich last October and demanded it. Sworn in court.
Robart Heines, aged about seventy years, deposed that his voyage to Ipswich cost him 20s. in money, and Lee prom- ised to give him possession soon, etc. Sworn, Mar. 8, 1680-81, before Andrew Deamont, t commissioner.
Simon Wainwright, aged about twenty years, deposed that, being at the Isles of Shoals last summer, Joseph Leigh was there and often came to him in his brother, John Wainwright's, t Autograph. + Seal,
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1681]
Isaac Morrill v. Mathew Clarke. Appeal from a judgment of the Worshipful Major Saltonstall, Esq., on Feb. 21 last. Verdict for plaintiff, reversal of the former judgment .*
absence, about selling a house, etc. Sworn, 30 : 1 : 1681, before N. Saltonstall, t assistant.
Jno. Roberts testified. Sworn in court.
John Roberts, aged thirty-four years, testified that he heard Haines say to Wainwright, at the latter's house, "I had noe other busines to Ipswich but about my bargaine for I am in want of my house I bought of you : wch you prmised mee to giue mee possession of : I had Rather ses: Haines haue giuen 10" for it will cost mee fiue pounds before I Get home and all this is because you do not performe yo' bar- gaine to mee." Sworn in court.
*Copy of the papers in this action, tried before Nathaniel Saltonstall:t
Writ: Isaac Morrill of Salisbury v. Mathew Clarke; for not delivering to him a bay mare, which had been in con- troversy between Haniel Clarke and Benjamin Singletery; dated Feb. 14, 1680; signed by Nath. Saltonstall, t assistant; and served by Robt. Emerson, t constable of Haverhill.
Judgment for defendant. Appealed to the next Ipswich court, with Robert Clement, as surety.
In an action on Jan. 25, 1680, Haniel Clarke v. Benjamin Singletery, for taking away a young mare in 1679 from Edw. Clarke's yard, which mare came up with Haniel's jades. Judgment for plaintiff, the mare which defendant took and branded, docked and had ridden the past year.
Isaac Morrell's bill of cost, 2li. 19s.
Mathew Clark's bill of cost, 7s. 4d.
Jotham Hendrick testified that Haniel Clarke told him that he sold Benjamin Singletery two mares, and also that he had two mares killed in one year, a gray mare and her colt, and he thought Samll. Davis killed them. Sworn 25 : 11 : 1680.
Benjamin Singletery testified that about two years ago he was at Goodman Serjeant's and the latter's wife told him that Han. Clark's colt lay dead upon the plain. As deponent came home, Danll. Clement and Jno. Cooke came with him, and they saw the colt, which colt was a bay, with a star in the forehead. Deponent further said, that when Haniel first quarrelled with him about this mare, she was in his stock yard, and he asked Haniel if he would challenge her, and he said he would. Sworn, 21 : 12 : 1680.
Amos Singletary deposed that he saw the mare at Almsbury t Autograph.
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IPSWICH QUARTERLY COURT
[Mar.
Benjamin Kimball v. Nathan Webster. Trespass. Ver- dict for plaintiff, the land in controversy .*
and at another time at his father Singletary's in Haverhill. Joseph Peasly testified to the same. Sworn, 21 : 12 : 1680. Peter Green deposed. Sworn, 21 : 12 : 1680.
Moses Morrell, aged about twenty-five years, deposed. Sworn, 21 : 12 : 1680.
Nath. Griffin, aged about thirty years, deposed that Isaac Morrell had a bay mare, with a black mane, black tail and a blackish list along her back, etc. Sworn, 21 : 12 : 1680.
Joseph Clarke deposed that he, being at his brother, Matthew Clarke's house, when Morrell demanded the mare, etc. Sworn, Feb. 21, 1680.
Joseph Peasely deposed. Sworn, 21 : 12 : 1680.
Benjamin Greele deposed that he asked Haniel Clarke in deponent's father's mill, etc. Sworn, 21 : 12 : 1680.
Jacob Morrell, aged about thirty-two years, deposed that his brother Isaac Morrell, etc. Fawne Clement also deposed. Sworn, 21 : 12 : 1680.
Isaac Morell'st reasons of appeal, received Mar. 22, 1680, by Nath. Saltonstall, t assistant.
Matthew (his mark) Clarck's reasons of appeal.
Isack Moril's bill of cost, 1li. 16s. 4d.
*Writ: Benjamin Kemball v. Nathan Webster; trespass; for coming upon part of that land in Bradford near Webster's present dwelling, which said Benjamin purchased of Hugh March, sr., who formerly bought it of John Griffing; dated Mar. 18, 1680-81; signed by Nath. Saltonstall,t assistant; and served by Nathan Webster,t constable of Bradford.
Copy of record of Ipswich Court, Apr. 1, 1679, Daniell Wisom v. John Griffing. Griffin acknowledged judgment to Wicom. Copy made by Robert Lord, t clerk.
Execution, dated July 8, 1679, against John Griffin, to satisfy judgment, signed by Robert Lord, cleric, and served by Robert Lord, marshal, by attachment of five acres of land appraised by Robert Clements, Ezekiell Mighill and Samuell Hazeltine, bounded by land of Salem men, Griffen, the road leading to Haverill river ferry and Ben. Kimball. Copy made by Robert Lord, t cleric.
Benjamin Kimball's bill of cost, 2li. 1s. 1d.
Samuel Tyller and Richard Kimball deposed that Nathan Webster was carrying off wood from the ground, etc. Sworn in court.
Deed, dated Dec. - , 1679; given by Daniell Wicomt and wife Mary, both of Rowley, to Nathan Webster of Bradforth, t Autograph.
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5 1-2 acres of land in Bradforth, formerly John Griffin's of Bradforth, taken by execution, possession of which was given by turf and twig. Wit: Phillip Nellson* and Elizabeth Nellson .* Acknowledged, Dec. 10, 1679, before Daniel Deni- son.+ Recorded, Dec. 10, 1679, among the records for lands for Essex at Ipswich, book 4, page 293, by Robert Lord,* recorder.
Mortgage deed, dated May 3, 1679, given by John Griffingt of Bradford to Hugh March, sr., of Newberry, for 17li., seven acres of land in Bradford, bounded on the north and east by land of Nathan Webster, on the south by the country high- way, on the west by land of John Griffing, as it was lately laid out by Griffing and Webster, the money to be paid in fat beef or cattle fit for slaughter, bulls excepted, or good corn. Wit: Timothy Woodbridge* and Jno. March .* Ac- knowledged, May 3, 1679, before Jo. Woodbridge,* commis- sioner. Recorded, Dec. 19, 1679, among the records of land for Essex, book 4, page 298, by Robert Lord,* recorder.
John March, aged about twenty-three years, deposed that, as his father's agent, he received the land from Griffin, and later the latter came down to Newbery and gave his father the deed of it. Sworn, 29 : 1 : 1681, before N. Saltonstall,* assistant.
Ezekiell Mighill deposed concerning appraising the land with Robert Clemence. Sworn in court.
Deed, dated Dec. 10, 1679, given by Hugh March, sr.,t of Newbury, to Benjamin Kemball of Bradford, for 30li., seven acres of land, according to the bounds in the deed given by John Griffing to said March, dated May 3, 1679. Wit: Daniell Ela* and John March .* Acknowledged, Dec. 10, 1679, before Nath. Saltonstall,* assistant. Recorded, Dec. 23, 1679, among the records of lands for Essex at Ipswich, book 4, page 298, by Robert Lord,* recorder.
Robert Clements testified that last summer, when Benjamin Kemball was ploughing his Indian corn for weeding or hilling, he was desired by Marshal Robert Lord and John Griffing to appraise the land, etc. Sworn, Dec. 10, 1679, before Nath. Saltonstall,* assistant.
Thomas West, of Bradford aged about forty-six years, deposed. Sworn, Mar. 28, 1681, before Nath. Saltonstall,* assistant.
Samuell Hesiltine and John Wasson deposed that this land was the same, etc. Sworn in court.
John Griffing, aged about forty years, deposed. Sworn, 29 : 1 : 1681, before N. Saltonstall,* assistant.
John Griffing, aged about forty years, deposed that when the execution was served he showed the marshal a tract of * Autograph. t Autograph and seal.
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IPSWICH QUARTERLY COURT
[Mar. -
Wm. Neff v. Jotham Hendrick and Israell Hendrick. For taking away a parcel of cedar clapboards. Verdict for plain- tiff .*
land of his own lying at the head of Salem men's land, so called, but he would not take it, and when he levied upon the land in controversy deponent told him that he did it at his own risk. Sworn, 29 : 1 : 1681, before N. Saltonstall, t assistant.
John Griffing deposed that Kimball asked Webster to go with him to Abraham Hesillton's to get the writing, but he said he could not go because he was just up, it being about sunrise. So Kimball went and came again, as soon as he could get Mr. Thomas Was to come with the writing, and demanded a release of the agreement, but Webster said it was too late. Sworn, 29 : 1 : 1681, before N. Saltonstall, t assistant.
*Writ: Wm. Neff v. Jotham Hendrick and Israel Hendrick; for taking away a parcel of his cedar clapboards at a swamp called Lt. Challis' swamp in Almsbury, about 2,600, worth 408. per thousand at the swamp; dated 21 : 12 : 1680; signed by Nath. Saltonstall, f assistant; and served by Robert Emer- son,t constable of Haverhil, by attachment of three oxen, one cow, one heifer and two yearlings of Jotham's, and one ox and cow, which Jotham Hendricks and John Stockbridg affirmed to be Israel's.
Joseph Peasly and James Sanders affirmed that the price of cedar clapboards at the swamp was 4s. per hundred.
William Knif's bill of cost, 2li. 13s.
Stephen Davis, aged about seventeen years, testified that he saw Israell Hindraks carting away about 800 cedar clap- boards. Sworn, 21 : 1 : 1680, before Nath. Saltonstall, t assist- ant.
James Sanders, aged about thirty-six years, deposed that Israel Henderick told him that he was employed by Lt. Chalis to carry away the clapboards, and, if he had not, he must have paid Lt. Chalis three pounds. Sworn in court.
Joseph Peasly, aged about thirty-three years, deposed. Sworn in court.
William Whittaker deposed that he and Sam. Simens helped William Neff make 3,700 clapboards. Simens told Hendricks that before the clapboards should be carried away in such a manner, there should a smoke arise. Then Jotham Henderek said it would be a pity to burn them, and Simens, blowing tobacco smoke upward, said that there were more ways than one, etc. Sworn, 19 : 1 : 1680-81, before Nath. Saltonstall,t assistant.
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1681]
Thomas Rayment v. Thomas Hart. For withholding & white mare. Nonsuited .*
Kathren Bell, daughter and administratrix of the estate of John Buffing v. John Bachelour. For cutting and felling lumber. Verdict for defendant.t
Benjamen Singeltery deposed that Joseph Peasly was dis- coursing with Neff as to whose man William Witecur was and they both said that they had hired him and furthermore he went to which of their bags of victuals he would. Sworn, 28 : 1 : 1681, before N. Saltonstall, { assistant.
Joseph Peasly deposed that Challis agreed with Isreaell Hendrick to bring that parcel of clapboards down to Amsbury, etc. Sworn in court.
John Whittier deposed that they were to be delivered at Powaoy river's mouth, etc. Sworn, 28 : 1 : 1681, before N. Saltonstall, ¿ assistant.
Nathanel Hasalton deposed. Sworn before Nath. Salton- stall, { assistant.
Wm. Godsoe, aged about twenty-nine years, deposed. Sworn, 28 : 1 : 1681, before Nath. Saltonstall, # assistant.
John Hartshorne deposed that Lt. Challis told him that William Neff spoke so honestly, he being a poor man, that he had freely given him the clapboards and shingles. Joseph Hartshorne deposed the same, being at Lt. Challis' house at the same time. Sworn, Mar. 19, 1680-81, before Nath. Saltonstall,į assistant.
*Writ: Thomas Raiment v. Thomas Hart; for with- holding a white mare, with a half round notch cut in her right ear, also two colts, which mare was formerly John Raiment, sr.'s, of Beverley and given by him to plaintiff; dated Jan. 7, 1680; signed by Andr. Eliott, ; for the court and clerk for the town of Beverley; and served by Walter Fayerfield, # deputy to Henry Skerry, ; marshal of Salem.
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