USA > Maine > Lincoln County > Bar-bits from old court records in Lincoln County, Maine : Authorized and published by County Commissioners of Lincoln County > Part 1
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M. L.
REYNOLDS HISTORICAL GENEALOGY COLLECTION
ALLEN COUNTY PUBLIC LIBRARY 3 1833 01091 7612
Binci In Coven
BAR-BITS
1824
ourt House
BY KATHERINE M. E. FREDRICKS
-
BAR-BITS
from
Old Court Records
in
Lincoln County,
Maine Me.
Authorized and Published by County Commissioners of Lincoln County
BY KATHERINE M. E. FREDRICKS
Digitized by the Internet Archive in 2019
https://archive.org/details/barbitsfromoldco00fred
1839451
THE COUNTY OF LINCOLN, MAINE
Lincoln County was incorporated in 1760; presently con- sists of 457 square miles, seventeen towns and two plantations; with a population (1960) of 18,497.
Within her comparatively small acreage lie twenty-nine ponds; (In Maine a body of water must be six miles long before it is called a lake); six rivers; an unknown myriad of brooks and streams; four long fingers of land reaching outward to the ocean, which offer superb vistas, and three parks: Fort Edgecomb, Fort William Henry and Pemaquid Light.
Rolling hills, timber lands, swamps, natural meadows and cultivated fields give an ever-changing scene to those traveling the gently winding roads. The striated rocks forming the coastline are impressive, with tall evergreens coming almost to the water's edge. Many islands lie off shore in the mouths of the rivers, most of which are settled.
YSOP
Pownalborough was the first County Seat, from 1760 to 1790, when it was moved to Wiscasset. Until 1831 the County was governed by the Court of General Sessions. In 1831 government was transferred to the Court of County Com- missioners and remains so today.
While today Lincoln is the second smallest county division, areawise, in Maine, this was not always her status. Established in 1760, she was the third county formed in the territory of Maine; the first being York, then Cumberland at the same time as Lincoln. At that time she covered three-fifths of the Territory of Maine, beginning at the New Meadows River, north in line with the Kennebec River to the Canadian border and everything east to the Atlantic Ocean.
In 1760, with the formation of the county, Pownalborough was named the shire town for Thomas Pownal, then Governor of Massachusetts, and the county was named for his birthplace,
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220:1-001581.
tre-21-21
Lincoln, England, a city famous for its antiquity and its noble cathedral.
While the ensuing hundred years reduced the size of Lincoln County there remain within her present confines many sections which were settled long before Massachusetts established her. In 1621, John Pierce, a citizen of London, obtained a Patent from the Council of Plymouth to come and settle in New England. He chose Broad Bay, in the Waldoboro area, and there his posterity continued more than a hundred years. This was the most ancient grant in this area, and it is said Mr. Pierce's house was not burned at the time of the general massacre because he was friendly to the Indians.
It is a matter of history that Captain George Weymouth's Archangel dropped anchor in Pentecost Harbor in 1605, thus making the first known contact with the Indians. Authorities do not agree on the location of Pentecost Harbor; some picking Boothbay, some Muscongus Bay, nearer the Medomak than the St. George River. Muscongus would seem the more logical, only because Weymouth saw the Indians on the shore while at anchor and it is known that he went ashore at New Harbor for his first meeting. Be that as it may, land he did, and from that landing came the eventual settling of Lincoln County.
Credit for the greatest impetus to settling the western section of the county should be given to Dr. Sylvester Gardiner, who received a grant from the Kennebec Proprietors of a vast area in 1760. This grant he surveyed and laid out in farms, encouraging immigration from Massachusetts and Europe. A number of farms remain today in the hands of descendants of the original owners.
One of the most interesting features of Lincoln County is found in the variety of people who settled here and the fact that generally they chose to keep to themselves. The Dutch, English, Irish, Scots, French and Germans all had a part in building the county, but they were prone to choose different sections in which to establish themselves. One thing they had in
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common: they were men of letters, culture and piety. So many generations later the native character can be noted in the descendants of each group, and with complete regularity the original names appear, a few anglicized, but most untouched. Probably in no other part of the United States of equal area can this be said to the same degree.
The cultural heritage is strongly evinced today in the county. Many of the old Meeting Houses, beautiful in their simplicity of design, their pulpits raised with overhanging canopy and with square pews, have been carefully maintained although holding only one service a year. All towns can boast of many extremely fine examples of early colonial homes, graciously lived in and filled with precious antiquities gathered from all corners of the world.
The Historical Society has gone a long way in marking the birthplaces of famous citizens and spots of interest. The Pownalborough Court House, the Wiscasset Court House, the Old Gaol, the Sortwell Mansion and Castle Tucker in Wiscasset; the German Meeting House and the Reed Mansion in Waldo- boro; the Walpole Meeting House; the Chamberlain House in Round Pond; the Alna Meeting House, the Head Tide Church and the Edwin Arlington Robinson in Alna; the Chapman House in Damariscotta and the Marie Antoinette House in Edgecomb name but a few of the spots Lincoln County can claim with pride.
Shipbuilding probably created the greatest financial gain Lincoln County ever sustained, and with its curtailment came the exodus of population. The peak came in 1840 with a population of 41,423 even though the county had already been cut down to nearly its present size. From 1800 to the advent of steam the three large rivers in the county were filled with shipbuilding and shipping. It is still important to the county although it now consists mainly of fishing boats and yachts.
Fishing, lobstering, worm digging, blueberrying, poultry raising, dairy farming, lumbering and tourist trade are major
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contributions to the economy of the county. While there are a few light industries in the county, it is not fundamentally an industrial area.
The county has three museums and four art galleries. Many artists have their own galleries and their work may be seen by appointment. The Todd Wild Life Sanctuary is on Hog Island; the Audubon Summer Camp is on Aspenwall Island and the Conservancy is at New Harbor.
While innumerable histories of various towns originally in Lincoln County have been written there is no history of the county as a whole. Neither does the county have a library, as such, although the larger towns all have well stocked libraries. Plans are underway for an annex at the Wiscasset Court House with facilities to store and utilize the official archives from 1760. When completed these records will be available for research under supervision.
A rare and very extensive collection of Court records exists in the beautiful Court House in Wiscasset, dating from 1761 to the present inclusive. While only a cursory assessment of these papers has been done there is little doubt they constitute one of the most complete and valuable archival collections to have been found in one location. It is to these papers we now turn.
The Court of General Sessions had wide jurisdiction; greater than any one court existing in Maine today. It had the power of conserving the peace and punishing the offenders. But there was scarcely any phase of life untouched by its duties. This court had the power to lay out highways, build bridges, superintend houses of correction and gaols, establish bound- aries, grant licenses to innholders and retailers, order payments, levy and collect taxes, erect and repair county buildings, placements of ferries and licensing of operators and estab- lishing fees for same.
For example: 1761-Sheepcut River.
"James Stewart, licensed to keep a Ferry over the Sheepcut River on the Great County Road leading Eastward, become
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bound to Samuel Sevey Esq., County Treasurer, in the sum of Twenty pounds lawful money, for the faithful Discharge of his Trust; and for his care and Trouble therein he is permitted and allowed to Demand and Receive of every person he shall so Ferry over, four Coppers; and for every horse, six Coppers."
The Court of General Sessions was composed of Justices of the Peace, the number in attendance varying widely with each term. The hazards of travel probably had much to do with this fluctuation and the only reference to compensation for such appears in the Docket Book for the January 14, 1811 term, made by A. Bradford, Clerk of Courts.
"Printed Notice."
"Fees in the Court of General Sessions." (To each Justice.)
"For each day's constant attendance, one dollar. And no Justice to be allowed pay for more than two days' attendance at any one term. To each Justice who shall travel more than ten miles to the Court House, at the rate of one dollar for every twenty miles out and back, except such Justices as are attornies at law, or clerks of the Court of Sessions."
But there seemed to be other compensations. While no "spiritous liquors" were allowed to be sold in the near vicinity of the court house the Justices and Attorneys had a bar within the Court House and there are frequent requests for enlarge- ment of same. There is also evidence this facility was well used. To wit: One Foster Waterman, Attorney, was forcibly ejected from the courtroom for "drunkenness and indecent exposure."
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JAMES KAVERNAUGH'S PETITION FOR CITIZENSHIP
Few examples could be cited which would so clearly indicate James Kavernaugh's importance in Lincoln County as his petition for citizenship. As a rule these were most simple pleas, stating little beyond vital statistics and previous allegiance and seemed to be considered almost as an aftermath of the other business before the Court. Kavernaugh's is unique, both in form and extent.
"June 1790-James Kavernaugh of Nobleborough, in the County of Lincoln, humbly shewith that he hath lived in the Town of Nobleborough, in said County, more than two years last past; that he hath sufficient vouvhers to produce to this Court of his good character & behavoir; he therefore prays that he may be admitted to take the oath of allegiance and be admitted to all the rights of a natural born subject of the United States, and your petitioner, as in duty bound, shall ever pray. (James Kavernaugh)
"Lincoln SS: This may certify that James Kavernaugh, from Ireland, hath lived in Nobleborough, in said County, upwards of two years, & is a gentleman that bears a good character.
(Arthur Noble, Jno. Noble, David Silvester,
Seth Tinkham, John Fairservice, Samuel
Nickels-Nobleborough)
"Whereupon the Court, after due consideration of the premisses, do order that the said Kavernaugh be admitted to take the oath required by an Act of Congress to support the Constitution of the United States, that he the said Kavernaugh may be considered as a citizen of the United States, and that the said Kavernaugh took the said oath accordingly. Petition granted."
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LICENSES AND TAXES 1806 and 1807
The Commonwealth of Massachusetts required licenses for all Innholders and Retailers many years before the formation of Lincoln County and from 1761 on all applications for such were considered and issued by the Court of General Sessions. Each applicant was required to furnish two sponsors before a license could be granted.
Until the Revolution, Retailers were licensed to permit the sale of tea and coffee, which were heavily taxed. Afterward the license embraced general merchandise.
Taverners, differentiated from the term Innholders and very much as we use the word today, were not licensed in Lincoln County until the January Term of the Court of General Sessions in 1811.
The two years, 1806 and 1807, have been chosen at random to indicate business vs taxes in that period. Only towns then formed and still existing in the greatly reduced Lincoln County are shown. Balltown is now Whitefield. Jefferson separated from Balltown in 1807. New Milford became Alna.
1806
Town
Innholders
Retailers
Taxes
Newcastle
6
7
$166.24
Balltown
4
.3
188.42
Waldoboro
14
8
238.84
Bristol
3
7
320.63
Boothbay
3
7
160.12
Wiscasset
3
26
372.16
Dresden
3
6
114.70
Edgecomb
1
133.42
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New Milford
6
132.26
Nobleboro 2
4
103.00
1807
Town
Innholders
Retailers
Taxes
Newcastle
1
10
$425.89
Balltown
4
482.86
Waldoboro
12
15
611.84
Bristol
6
821.75
Boothbay
2
5
410.90
Wiscasset
3
17
953.70
Dresden
1
7
293.94
Edgecomb
1
1
341.70
New Milford
1
4
338.95
Nobleboro
6
6
263.93
Jefferson
1
2
(Balltown)
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IMBALLANCE OF DAMAGES AND COSTS
"To the Sheriff of our County of Lincoln":
Whereas Darby Ryan of Lancaster in our County of Worcester, yeoman, by the consideration of our Justices of our Inferior Court of Common Pleas holden at Pownalborough, within and for our County of Lincoln aforesaid, on the first Tuesday of June Instant, recovered judgement against Terrance McMahon of Georgetown in our County of Lincoln, yeoman, for the Sum of one Pound, eleven shillings & six Pence 3/4 Lawful Money Damages, and Seven Pounds, four shillings & five Pence Costs of Suit, as to us appear of Record, whereof Execution remains to be done: We Command you therefore, That the Goods, Chattels or Lands of the said Terrance within your Precinct, you cause to be paid and satisfied unto the said Darby, at the Value, thereof in Money, the aforesaid and Sums, with one shilling and six Pence for the Writ, and thereof also to satisfy yourself for your own Fees. And for want of goods, Chattels or Lands of the said Terrance, to be by him shewn unto you, or found within your Precinct, to the Acceptance of the said Darby to satisfy the Sums aforesaid, We Command you to take the Body of the said Terrance and him commit unto our Goal in Pownalboroung in our County of Lincoln, aforesaid, and detain in your Custody within our said Goal, until he pay the full Sums above mentioned, with your Fees, or that he be discharged by the said Darby the Creditor, or otherwise by Order of Law. Hereof fail not, and make return of this Writ, with your Doings therein, into the Clerk's Office of our said Inferior Court of Common Pleas, within three months from the Date hereof.
Witness William Lithfow Esq. at Pownalborough, the fif-
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teenth Day of June, in the fourteenth Year of our Reign, Annoque Domini 1774
Jon. Bowman, Clerk."
The early courts were overburdened as collection agents and this frequently led to Court Costs far exceeding the original debt. Since Debtors Prison was still in effect one wonders how a man ever did become free of his load.
But imbalance of damages and costs were not the only examples of "odd justice". The cases interspersed in this volume as well as the "Criminal Briefs" indicate the imbalance of offense and penalty.
Perhaps people in those days were more realistic than we today. But rape was considered less serious than killing a goose and "illegal cohabitation" was far worse than rape. Such legal philosophy is incomprehensible but then so are some of the court decisions of the present day.
NOTE: In all direct quotations the spelling, capital letters and punctuation have been faithfully copied from the original text.
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COMMONWEALTH vs BRISTOL
"For that whereas every Corporate Town, Parish, Precinct, District and other body politick or Religious Society, are by law required to be constantly provided with a publick protestant teacher of piety, religion and morality-and for that whereas the said Town of Bristol, being a Corporate Town within said Commonwealth and of sufficient ability to provide and support a publick protestant teacher of piety, religion and morality, has for a long time, to wit, for five years last past, neglected and refused to provide same, and still do neglect and refuse, in evil example to all others in like cases offending against the peace and dignity of said Commonwealth, the inhabitants of said Town of Bristol be summoned to appear at the present term to answer to said indictment.
"Inhabitants found guilty and fined thirty dollars and costs of $26.80.)"
(The records fail to signify compliance of further defiance of the law.)
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COMMONWEALTH vs DANIEL CATE 1811
"Commonwealth vs Daniel Cate of Dresden in the County of Lincoln, Gentlemen, on an indictment found by the Grand Jury of the present term; for that said Cate at Dresden aforesaid, on the first day of January instant, with force and arms, one gill of West India rum, did sell, he the said Cate not being then and there licensed according to law to sell the same, in evil example to all others in like cases to offend, against the peace and dignity of said Common-wealth and contrary to the form of the statute in that case made and provided-and also for that said Cate, at said Dresden, on the ninth day of January instant, with force and arms, one pint of wine did sell, he the said Cate, not being then and there licensed according to law to sell same, in evil example to all others in like cases to offend, against the peace and dignity of said Commonwealth and contrary to the form of the statute in that case made and provided-and also for that the said Cate at said Dresden, on the second day of January instant with force and arms, he the said Cate, not being then and there licensed according to law for a Common Taverner, Victualler or Innholder, did unlawfully sell one pint of a mixed liquor, consisting of beer, rum and sugar, commonly called flip; and the said Cate did then and there suffer the same to be drunken in his the said Cate's shop; all which is in evil example to all others in like cases to offend against the peace and dignity of said Commonwealth and contrary to the form of the statute in that case made and provided-and now the said Cate, being set to the bar has this indictment read to him and thereof says that he is guilty. The Court having considered his offenses, as above set forth in this indictment, order that the said Cate pay a fine to the use of the
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Commonwealth of six dollars and sixty-six cents for each offense, being in the whole twenty dollars and costs of prosecution and stand committed until sentence be per- formed."
ON A STOLEN COW 1790
"On the last day of February A.D. one thousand seven hundred and eighty-eight, with force and arms did take and carry away from the Plt., a certain cow of the value of four pounds, which same cow was then and there the Plt's property and in his possession, and other enormities the accussed then and there did against the peace, and to the damage of the Plt., as he saith, the sum of four pounds."
Note: The first trial was held in June of 1789 and continued from term to term to the January 12, 1790 one. And at this term the case, after a full hearing, was committed to a jury. Verdict therin upon oath: They find the Appellant guilty in the manner and form as the Appellee complains and assesses damages for the Appellee in the sum of one poind eight shillings against the Appellant and costs of nine pounds three shillings and seven pence !
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COMMONWEALTH vs JAMES JACKSON Store Break and Theft-1799
"Now in this term the said James Jackson is set to the bar and has this indictment read to him, he says that thereof he is not guilty, and thereof for trial puts himself upon the Country. A jury is thereupon impannelled and sworn to, who after hearing all matters and things concerning the same, return their verdict and upon their oath say that the said James Jackson is guilty. It is there considered by the Court here that the said Jackson be set on the gallows for the space of one hour with a rope about his neck and one end thereof cast over the gallows, be publickly whipped on the naked back ten strips, pay John Richardson the sum of seven dollars which with money returned is treble the amount of the articles stolen and if the said Jackson does not pay the same within thirty days, then it is ordered by the Court that the said Richardson may dispose of said Jackson in service to any person whomsoever for the space of two months to make satisfaction therefor, that he pay costs of prosecution, and stand committed until sentence be performed."
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COMMONWEALTH vs JOHN THORN Assault-1798
"It is therefore considered by the Court here that the said John Thorn be set upon the gallows for the space of one hour with a rope about his neck and one end thereof cast over the gallows, that he be recognized in six hundred dollars with sufficient sureties in the like sum for his keeping the peace and being of good behavior, more especially to Oliver Leonard, for the space of two years, that he pay costs of prosecution and stand committed until sentence be performed. Col. North and Dr. Coney are appointed by the Court to take the above recognazance."
.
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ISAAC HUBBARD vs SAMUEL SEVEY
"Isaac Hubbard of Wiscasset in the County of Lincoln, Trader, Plt. vs Samuel Sevey of said Wiscasset Esquire and a Deputy Sheriff for same County Deft. in a plea of Replevin: for that the said Sevey, on the seventeenth day of February last (1807), at said Wiscasset, unlawfully and without justifiable cause, took the goods and chattels following: viz; one feather bed, two pillows, with cases, two blankets, two coverlets, two sheets, and all of the value of thirty nine dollars, belonging to said Hubbard and then detained unlawfully to this day to the damage of the said Hubbard, as he says, the sum of seventy dollars, and the said Sevey, by M. Smith his Atty., comes and defends forced injury where and when and reserving leave to plead anew at the Supreme Judicial Court, now well avows the taking of the goods and chattels aforesaid, and justly because he says that Michael Sevey of said Wiscasset, Yeoman, at Wiscasset aforesaid on the seventeenth day of February last passed purchased out of the Clerk's office of the Court of Common Pleas in and for said County of Lincoln his writ commonly called a writ of attachment in due form of law bearing the same date and made returnable to the then next Court of Common Pleas to be holden in and for the said County of Lincoln on the second Monday of May A. D. 1807, wherein the said Michael Sevey declared against Medad Hosmer of said Wiscasset, Laborer, in a plea of the case, upon a promisory note of hand given by the said Hosmer to said Michael, dated the third day of said February, for money long before due, wherein the said Hosmer, value received, promised the said Michael to pay him ten dollars on demand with interest and also for the use, occupansy and enjoyment by the said Hosmer of certain land and house of the said Michael situate in said Wiscasset
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from the fourteenth day of August last to the fourteenth day of February last, which same use occupansy and enjoyment as the said Michael in his said writ declared were reasonably worth fifty dollars; said sums then being justly due and unpaid. And the same writ last mentioned was directed to the Sheriff of said County of Lincoln or his deputy therein requesting them to attach the goods ans chattels of the said Hosmer to the value of one hundred dollars for security to satisfy the judgement which the said Michael should recover upon his said plea for the case against said Hosmer for his just demands as aforesaid, as by said Michael's said writ returned into said Court will more fully appear-And the said Samuel further says that the said Michael there on the said seventeenth day of February delivered the said writ of attachment to him said Samuel to be by him duly served and returned accordingly to the precept thereof be the said Samuel being then and ever since one of the Deputy Sheriffs of said County of Lincoln under the said Sheriff. And he the said Samuel by virtue of said writ of attachment, there afterward on the seventeenth day of February aforesaid attached and took the said goods and chattels and returned the same on said writ of attachment according to the precept thereof into said Court as he justly might and ought to do, the same goods and chattels then and there being the proper goods and chattels of the said Hosmer without that they were the goods and chattels of the said Hubbard in manner and form as the said Hubbard has set forth in his said writ of Replevin; and this the said Samuel is ready. to verify. Wherefore he prays judgement and that a return of the goods and chattels aforesaid together with his damages and costs may be adjudged him by this Honorable Court. And the said Hubbard, agreeing to said reservation and the Plt. says, that by anything by the said Sevey above alledged ought not to allow the taking of the said goods and chattels because he the said Hubbard says that the goods and chattels mentioned in the Plt's writ and declaration at the time and place therein mentioned, to wit: at the time of taking
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