USA > Maine > Lincoln County > Bar-bits from old court records in Lincoln County, Maine : Authorized and published by County Commissioners of Lincoln County > Part 2
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by said Sevey as aforesaid were the property goods and chattels of the said Hubbard in manner and form as he in his writ and declaration aforesaid has alledged; and this the Plt prays may be enquired of by the County by Jno. Merrill Jr. his Atty. and the Deft. likewise by M. Smith his Atty. and thereupon this action is committed to a Jury sworn according to law and try the same, whose verdict is returned as follows:
The Jury find the property was not in the said Hubbard. It is therefore considered by the Court that the Deft. have a return of the goods and chattels replevied, that he also recover against the Plt. one cent damage for taking the same and his costs taxed.
From this judgement the Plt. appeals to the Supreme Judicial Court to be holden next in and for the County of Lincoln and recognize with sureties as the law directs to prosecute his appeal with effect."
The decision by the Supreme Judicial Court appeal: "The Jury find the goods and chattels repleved not to be the prop- erty of the Plt. as he in his writ and replication has alledged, it is therefore considered by the Court that the Deft. have a return of the goods and chattels repleved as aforesaid, and that he recover against said Hubbard and Plt. the sum of four dollars and sixty eight cents damages for taking the same and costs taxed $14.00.
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NANCY McKENNEY
Nancy McKenney, 48, dark complexion, black hair, thick set. Murder of a bastard child. Was committed to State Prison on October 23, 1813.
"Commonwealth vs Nancy McKenney of Bath in the County of Lincoln, widow, on an indictment found against her by the Grand Jury for that the said Nancy on the fifth day of September in the year of our Lord one thousand eight hundred thriteen at Bath, aforesaid in the County of Lincoln aforesaid being big with a male child then and there by the Providence of God did bring forth the said male child of the body of her the said Nancy McKenney alone and in secret which said male child was afterwards on the thirteenth day of the same September at Bath aforesaid in the County of Lincoln aforesaid found and discovered to be dead and concealed in a bog and which male child if it were born alive would by the laws of the Commonwealth aforesaid be a bastard; and that she the said Nancy McKenney then and there at the time of the birth of the said male child and until the said thirteenth day of September aforesaid did unlawfully willingly and wickedly endeavor privately by herself to conceal the death of the said male child the issue of her body as aforesaid in that it might not come to light whether it were born alive or not or whether it was murdered or not against the peace of the Commonwealth aforesaid and contrary to the form of the statute in such cases made and provided. This indictment was presented and filed in the present term and now the said Nancy McKenney is set to the bar and has this indictment read to her and she says that thereof she is guilty. It is therefore considered by the Court that the said Nancy McKenney be punished by solitary imprisonment for the term of ten days and that afterwards she
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be confined to hard labor for the tern of two years and that this sentence be executed upon her in and within the precincts of the State Prison situate in Charlestown in the County of Middlesex and that she stand committed until she be removed to State Prison."
A MILD CASE OF TRESPASS
"Proprietors of the Kennebec Purchase from the late Colony of New Plymouth Pltfs. V. Benjamin King of Ballstown, Yeoman, August 1806, broke and entered the Pltf's close situated in Lincoln County, cut down carried away & destroyed three hundred pine trees of the value of five dollars each, the property of the Pltfs. therein said close, standing & being & other injuries the said King then and there did against the peace to the damage of then said Proprietors the sum of five hundred dollars."
The Court of Common Pleas found King not guilty. The case was appealed to the Supreme Judicial Court where the decision was reversed and the Pltfs. recovered of the defendant the sum of one hundred and twenty-five dollars damage and costs of fifty dollars and seventy-two cents.
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GAOL AND COURT HOUSE
The sharp contrast in the management of erecting these two public buildings is especially interesting because the time ele- ment is almost simultaneous while the official handling of public funds is quite different.
Beginning with the effort on the part of Politicians to obtain unrealistic prices for their property as the site of the New Gaol to the slack management of the entire construction is on a par with political graft found prevalent today.
Yet, a handful of years later Nathaniel Coffin, as Agent for the New Court House Building left one of the most meticulous records of accounts to exist on construction of a public building.
Nothing got by Coffin's inspection. Broken brick delivered to the job were replaced without cost. The granite slabs used to pave the ground floor and vaults, all cut at the quarry, either fitted with precision or were returned to the quarry.
Bills were paid when due so at the completion of the job a minimum of business remained to be taken care of. Every invoice, checked and approved, has been preserved and remains at the Wiscasset Court House. No more watchful care could have been taken had Nathaniel Coffin been constructing a building with his own monies and for himself.
The Court House stands as a fitting memorial to Nathaniel Coffin, a man of great capabilities and wide influence in the early days of Lincoln County.
GENERAL SESSIONS January Term, 1807
(New Gaol & Goal House at Wiscasset)
"The report of the Committee appointed to make a report
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respecting the propriety of building of a goal & gaol House in Wiscasset is accepted so far as it respects the propriety of building them. The residue of said report is committed to the Committee appointed at this Term to agree upon a location for the goal & gaol house."
"Josiah Stebbins, Mark L. Hill, John Merrill Jr., Jonathan Ellis & James W. Head are appointed a Committee to agree upon a proper location for a goal & gaol house and to purchase as much land on which the same may be erected as will in their opinion be for the interest of the County."
"The Committee appointed to agree upon a proper location for a goal & gaol house are authorized to appoint an agent to procure materials for the goal & gaol house and build same."
"Voted that the sum of six thousand dollars be assessed for the purpose of building the goal & gaol house in Wiscasset and paid out of the County Treasury for the purpose aforesaid."
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May Term 1807
"The Committee appointed at the last Term to agree upon a proper location for a goal & gaol house and to purchase as much land on which the same should be built as would in their opinion be for the interest of the County and authorized to appoint an Agent to procure materials for the gaol & goal house and build the same reported in the words following: "Your Committee understanding it to be the sense of the Court that a speedy attention should be paid to the business of their appointment met at Wiscasset on the Tuesday next following the January Term and entered on the subject with care and diligence. Among the proposals made to the Committee, including those committed to them from the report of the former Committee were:
One from Judge Lee of land at the rate of $500 per acre; One from Captain Elwell of land at the rate of $1,000 or $1,200 per acre.
One from Col. Sevey of land at the corner opposite the present goal at $500 for three fourths of an acre.
One from Gen. Wood of land on the West side of the road leading by the present goal at $500 for half an acre.
One from Mrs. Suzanna Churchill of two acres of land lying northward of Mr. Bradford's house lot and separated therefrom by a Town Way and fronting of the public road for $800.
The last proposed your . Committee preferred for the several reasons:
(The above spelling of "gaol" taken from records. )
"1 - It was the cheapest.
2 - It contains good soil for a large garden for a goaler.
3 - A gaol built on the further part of it, to which access should be had through the Town Way on Mr. Bradford's north line, will have the two advantages of being recluse and not remote.
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4 - Next the public road is an eminence which in the opinion of your committee will, whenever there shall be occassion to erect a Court House, be a more eligible situation for that object than any other in the vicinity.
Your Committee in prosecution of the other duty assigned them have appointed Captain Nichols an Agent for building the gaol and gaol house etc., which report being read is annexed by the Court."
May Term 1808
"The Committee appointed to build the gaol & gaol house at Wiscasset are authorized to draw upon the Treasurer for such sums as shall be necessary for the purpose not exceeding the sum that may be appropriated for the building of said gaol.
"Thomas McCrate is appointed Agent to superintend the building of the gaol & gaol house provided Moses Carlton Jr., who was heretofor appointed declines to serve.
"Ordered that the Clerk advertise for sale the lot land purchased by the gaol Committee of Mrs. Churchill, applica- tion to be made to Orchard Cook."
(Final purchase for gaol & gaol house location: 2 lots @ $350 from Thomas Nichols & 2 lost @ $200 from Abiel Wood. Both purchases recorded October 7, 1808.) "
January Term 1811
"Ordered that the Committee for building the Gaol & gaol House at Wiscasset be directed to exhibit their account of expenditure on said gaol & gaol house at next May Term."
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January Term 1812
"To the Hons. the Justices of the Court of Sessions within and for the County of Lincoln, May Term 1812, Benjamin Brown of Edgecomb in the County of Lincoln begs leave to state to this Honorable Court that some time since he agreed with the Gaol Committee for the building of the new gaol to split and get out stones for the same - that the Committee promised to find quarries where the stones could be obtained with convenience & without trouble - that the quarries pointed out by the Committee were insufficient of stones & your Petitioner was at great trouble & expense to open new ones to obtain the stones required which opening of new quarries your Petitioner never contemplated when he made the aforesaid agreement, that the quarry at Damark Cove being different from what it was represented, your Petitioner was under the necessity of opening a new quarry for the purpose of obtaining floor stones for the said gaol.
"From my being deceived or misinformed as to said quarries your Petitioner's loss will appear from the following statement of his expenditures & receipts, Viz:
Expenses Petitioner's work for 468 days @ $2 per $ 936.00
" Laborers " 476 " @$1 " 476.00
Board Bill
337.00
Thaddeus Gates (Smithy) 45.00
Thaddeus Richardson 83.00
Davis Wilder 100.00
Enoch Greenleaf 25.00
Powder for blowing quarries 45.00
$2047.00
Receipts received of County Treasurer 1072.00
Balance of expense by Benj. Brown $ 975.00
"Your Petitioner would futher beg leave to state that in law he
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conceives he would have some legal claim for the balance stated on accounts of the Committee not finding the quarries as was agreed & the trouble he was under to open new ones. And he relies on the principles of Justice & Equity which he knows will guide your Honors that he shall be paid a sum equal to a reasonable compensation for his services & he thinks your Honors will ever sanction the sacred principle that the "Labourer is worthy of his hire."
Benjamin Brown.
"The Petition aforesaid being read & the late gaol Com- mittee & several witnesses examined relative to the subject matter of said Petition & it appearing to the Court that there is due a compensation to said Brown the ORDER that the sum of three hundred dollars be paid out of the County Treasury to said Benjamin Brown in full for his demands as stated in the Petition aforesaid."
"Ordered that John Dole Esq., & Nathaniel Thwing Esq. be authorized & directed to borrow in behalf of the County of Lincoln Two Thousand Dollars as soon as may be & pay the same to the Committee for building the same they to be accountable therefor the same to be considered as a part of the appropriation already made for the purpose."
"Ordered that Thomas M. Cargille be authorized & directed to continue the blowing or digging of the wells near the new gaol at his discression provided the same shall not exceed the sum of one hundred dollars."
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(Accounts for New Gaol-Henry Wood, Clerk.)
"To the Hon. Justices of the Court of Sessions holden at Wiscasset within & for the County of Lincoln on the third Monday of May, A.D. 1812, We the undersigned your Committee appointed to receive of Orchard Cook, Jeremiah Bailey & Thomas McCrate as former Committee appointed for the purpose of building the New Gaol & gaol house in said Wiscasset all their accounts relative to building said goal & appurtenances & to examine & adjust the same & for other purpose in said appointment mentioned have attended to the duties assigned us & fully investigated said accounts & other matters to us submitted & do now report thereon as follows viz:
"Then we find the accounts of said former Committee, to us by them exhibited to be well vouched & correctly cast & that the sum of twenty-two thousand two hundred & sixty-three dollars & fifty-five cents has been expended by them in said works & their appurtenances, viz: to five hundred & fifty-one dollars & twenty-five cents bond to erect said building, upon four hundred & twelve dollars in attempting to get a well for the use of said goal, and twenty-one thousand & three hundred dollars & thirty cents in erecting said goal and goal house & out houses. And it further appears by the schedule No. 1 hereunto annexed that the said former Committee have drawn out of the Treasury of said County the sum of nineteen thousand six hundred & twenty-four dollars & sixteen cents & further credited the County with an order drawn on the Treasury by them in favor of John Young for twenty-seven dollars & fifty cents, & twenty-nine for moneys received by them for the hire of the County Gandola, making in all the sum of nineteen thousand six hundred & eighty dollars & sixty-six cents, of which sum drawn out of the treasury as above, there was a loss of one hundred & thirty dollars & twenty-five cents by way of counterfeit bills, "Berkshire & Cermont Bills", & by a Discount on Penobscot Bills, which loss being deducted from the sum
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received by said former Committee as above, there will remain towards payment of the expenses on said gaol & appurtenances the sum of nineteen thousand five hundred & fifty dollars & forty-one cents; which sum last mentioned being taken from said expenses viz: the said twenty-two thousand two hundred & sixty-three dollars & fifty-five cents & there will remain still due from the County toward said expenditures the sum of two thousand seven hundred & thirteen dollars & fourteen cents. It further appears that there are sundry due bills made by said former Committee now outstanding in the amount of three hundred & thirty-four dollars & twenty-two cents according to the schedule No. 2 hereunto annexed which is a larger sum by three hundred & twenty-one dollars & eight cents than appeared due from the County; but said former Committee informs that certain summs have been paid and endorsed upon said due bills, how much is unknown. But if said former Committee take upon themselves as they propose the payment of said outstanding due bills then said balance of twenty-seven hundred & thirteen dollars & fourteen cents will be payable to said former Committee with interest on said due bills from their several dates as they are all. Interest & all other interest to the Bank & to individuals has already been settled & allowed to the Committee. Said Committee for building said goal state that there are some few small demands for labour etc., which they have not been able to get brought in to them for settlement & which they shall hereafter present for further allowance.
"We the undersigned further state that they have settled with & allowed said goal Committee all their charges & demands as made by them for any & all services done by them personally out of the Town of Wiscasset; & nothing remains to be allowed them further for their commissions in superin- tending said works, settling with the Labourers, purchasing materials, paying the bills relative to said works; these Commissioners, the undersigned, did not deem themselves
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authorized to settle & therefor have left it to this honorable Court to settle as they shall think proper, upon application of said Committee. The undersigned further state that said County have already raised & assessed towards paying of the expenses of building said goal & appurtenances the sum of Twenty-two thousand dollars as will appear less schedule No. 1, of which there still remains in the hands of the Treasurer & collectors the sum of two thousand three hundred & sev- enty-five dollars & eight-four cents which being deducted from the said Twenty-seven hundred & thirteen dollars & fourteen cents there will remain only three hundred & thirty-seven dollars & thirty cents due from the County toward the balance of said accounts as above stated & to procure money to pay this sum the undersigned would ask leave to suggest the expediency of appointing a Committee to sell & dispose of the following County Property viz: the land purchased of Mrs. Churchill to build a goal upon. This land will not now be wanted. The County gave eight hundred dollars for it & it might be sold for perhaps one hundred & fifty or two hundred dollars; the County Work House, so called, might also be sold & the Old Gaol & Gaol House be converted to that use if to this Court it should seem advisable. But if the Court should think proper to keep said Work House as it now is then said gaol & gaol house might be sold & in addition to the above there is a Blacksmith's shop by the new gaol with a quantity of iron & stones procured for building the new gaol and not wanted which might be sold for sixty or more dollars & a Gundalo which would sell perhaps for eighty or ninety dollars; & perhaps the forty dollars of Berkshire money might be sold for something. By all of the above methods more money might be raised than sufficient to extinguish the last balance above mentioned. The undersigned would further state that they have viewed said new gaol & gaol house & appurtenances & find them strong & well finished as to appearance excepting two iron doors for the cells in said gaol are not yet up but the said Committee say that said iron doors
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are made in Boston & ready to be sent down when paid for & the price of them has been allowed in said accounts settled with said Committee.
"And the undersigned further state that though some of the items contained in the accounts & bills of the said Committee presented for settlement appear rather high charged yet considering the nature of the works & the prevailing ideas & opinions of people concerning all public business & works & taking the whole affair into view they are not perhaps more so than might reasonably be expected. And in regard to the said order for twenty-seven dollars & fifty cents in favor of Young mentioned in schedule No. 1 it is either in circulation or paid by the Treasurer or omitted by him in said schedule. If it is still in circulation it is to be redeemed by the Treasurer when presented for payment. The two deeds for the land purchased for the use of the new gaol are duly executed & filed with your Clerk. The Books of Accounts relative to all matters respecting said gaol kept by said Gaol Committee, & all the vouchers according to which said settlement has been made will also be lodged with said Clerk for any further inspection if needful as also said Berkshire Bills & other Bills above mentioned, all which is humbly submitted by
Manasseh Smith Payn Elwell Jr. Committee R. Elwell
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1839451
SCHEDULE #1 Acct. of money paid toward building of New Gaol.
1808
9/29/
To Orchard Cook Esq. by order of #20 1250.00 Committee
1809 1/23 2/14
To Benjamin Brown
300.00
To Committee (Receipts)
500.00
6/30
To Nathan Adams by order of Committee
#21 61.00
9/7
To Committee (Receipts)
1200.00
11/8
To Orchard Cook Esq. by order of Committee
400.00
1810
1/1
To William Stacy by order of Committee
720.00
1/18 5/23
" "
1700.00
6/7 8/1
"
365.00
To Scott Wilkinson by order of Committee
600.00
9/1 9/21
To Committee (Receipts)
1250.00
To Thomas Rice Esq. by order of Committee
85.64
12/13 To Lewis Labiers et al order of
12.00
Committee
To Committee (Receipts)
1300.00
1/16
To Committee (Receipts) #23 2250.00
4/15
To Scott Wilkinson by order of Committee
200.00
5/23
To I. C. Felker by order of Committee 1250.00
6/19
Deposited in Bank for Committee use 1500.00
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12/21 1811
To Committee (Receipts)
#22 2762.38
9/14 To Eben Brown by order of Committee
92.81 To Thomas M. Cargill " " 83.03
9/24
To Eben Chase
57.20
11/20
To Committee (Receipts)
693.20
1812
1/17 To Caleb Bord by order of Committee 169.90
1/24
To Committee (Receipts)
600.00
19402.16
The sums that have been assessed for the building:
1808
5000.00
1809
8000.00
1810
6000.00
1811
3000.00
22000.00 (Only a small part of the 1811 tax has been paid in.)
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SCHEDULE #2
(Unpaid due bills given by the Committee for building the gaol which are charged by said Committee and which have been allowed.)
Nathaniel Hart
53.08
Joshua Danforth
9.74
Michael Sevey
89.49
Francis Cushman
292.75
Eben Gore
42.30
Thomas Dodge
22.25
John Johnston
89.75
Caleb Lord
371.20
Caleb Lord
148.53
Caleb Lord
200.00
Caleb Lord
366.05
Abraham Gibson
300.00
Robert Elwell
62.56
Oliver Whitcomb
11.29
Thomas McCrate
378.99
Caleb Lord
92.40
John Warren
26.45
John Johnston
65.42
Thomas M. Cargill
128.53
Thomas M. Cargill
50.00
Henry Cargill
50.00
Samuel Hubbard
25.50
Joseph Stetson
24.00
Joseph Stetson
33.00
Joseph Stetson
22.00
Jeremiah Bailey
58.28
Taylor Proctor
16.42
William Stacy
4.23
3034.21
37
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LINCOLN COUNTY COURT OF GENERAL SESSION NEW COURT HOUSE IN WISCASSET April 27, 1818 (Transcript of existing records)
"The Committee on the subject of fireproof offices & a new Court House at Wiscasset made report, that they have, in persuance of their appointment, attended to the consideration of the subject embraced in their commission; that they have carefully examined the Court House in Wiscasset with a view to the expediency of repairing the same; they find the same not to have been intended for a Court House & to have originally been slightly built & now much out of repair, and in some parts, more particularly in its cills & floor timbers so decayed as to require a very considerable expenditure of money to put it in a state of repair, an expenditure according to the best judgement they are able to form of a sum not less than twelve hundred dollars to make it safe & convenient as a Court House for any considerable number of years, and that they are therefore of the opinion that it is not expedient to repair the same. They further report that having taken into consideration the present state of the funds of the County, the expense now annually incurred in providing County offices by law required, and for which the County now annually pay the interest of two thousand five hundred dollars; and also the obligation which the County is under law to be provided with fireproof building for County offices, that in their opinion it is expedient for the County to erect a fireproof brick building 44 feet long 40 feet wide & 30 feet high; in such places as the Court or a Committee by them appointed my designate, the lower floor of said building to contain a convenient entry way & four rooms of nearly equal size to be appropriated to the following purpose,
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viz: a office for the Clerk of the Courts, a Probate office, an office for the Registrar of Deeds & a room for Grand Juries; and the upper floor of said building to contain a hall or room for the Courts & two small rooms for the juries of trials and that said building should be erected the present season & as soon as conveniently may be but during the present season only the lower floor to be complete & only to put in the windows and lay the floor of the upper story or Court Room; that they have ascertained that several loys of land in their opinion eligibly situated may be obtained for the above purpose, either of which they believe will not exceed $300 and also that the County has a lot of land sufficiently large & which may be considered a suitable scite for the purpose, they beg leave further to state that they have examined similar buildings erected by other Committee & their expences and also have made an estimate of the probable expences of erecting a building of the materials & dimensions above mentioned & going so far towards finishing the same as is contemplated above, which estimate together with a plan of the same is herewith submitted. That the whole expence of said Court House, including the offices will not in their opinion of said Court House, including the offices will not in their opinion exceed the sum of $6,000 & that the portion of that expence to be incurred the present season for completing the outside & lower part of said building including said offices will not exceed the sum of $4,500. That there is money in the Treasury of the County, a sum sufficient for the expenditure of the present season, Viz: for completing said offices & that the remainder can be provided for within two ensuing years for completing the Court Room without increasing the present taxes of the County. "
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