USA > Maine > Lincoln County > Bar-bits from old court records in Lincoln County, Maine : Authorized and published by County Commissioners of Lincoln County > Part 3
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"The report read & accepted & ordered recorded."
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May Term 1822
Upon the Memorial of Moses Carleton & others:
"Ordered that Nathaniel Coffin, Benjamin Ames & Edwin Smith, Esqs., be a Committee to take into consideration the subject of erecting a fireproof building as required by law for the public offices of the County, and in connection therewith the subject of erecting a new Court House in the principal shire town of the County and to report on the subject at the next August Term."
September Term 1822
"The Committee on the subject of erecting a fireproof building for the public offices of the County & in connection therewith the subject of erecting a new Court House in Wiscasset report that the building now occupied for the publick offices is not fireproof within any reasonable intendment of the law, also that the Court House in Wiscasset is not worth repairing & that whenever a fireproof building is erected for the publick offices it will be most economical as well as most commodious to erect a new Court House in connection therewith. The Committee ask leave to refer to a report accepted & recorded by the Court, April Term 1818, in which both these subjects are more definitely stated, and would only add that it is supposed by some good Judges that the Bank Building at Wiscasset could be purchased & fitted up for all the purposes of County offices' Court House at a much less expence than they could be built anew. Upon this subject however the Committee have formed no estimate of their own, but have merely ascertained that the present owners are willing to sell to the County for a reasonable price in case it shall be thought expedient by the County to purchase. Upon these
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facts the Committee are of the opinion & do accordingly report that it is expedient & proper & required by the Public interest that the Court shall now order that a fireproof building be erected at Wiscasset for the safe keeping of the Records of the County agreeably to the requirements of the law as soon as it can conveniently be done and that the building be so planned as to contain a convenient room for holding the Judicial Courts as nearly according to the plan accompanying the report accepted in April 1818 as existing circumstances will warrant, provided however, that if, in the opinion of the Committee to be appointed by the Court for the purposes contemplated in this report, the Bank in Wiscasset is capable of being converted into such a building as is required for a Court House & County Offices, and can be purchased & fitted up at a less expence than to build anew, the Committee shall have power to purchase & fit up the same accordingly & that the Court should now appoint a Committee to carry the objects herein contemplated into effect. The Committee further report that whereas some doubts are suggested whether the necessary Tax for the purposes herein contemplated will be granted by the next Legislature it will be expedient to direct the Committee whom they shall appoint to superintend the Building of fireproof offices & as herein recommended, not to make any contracts which would render the County liable for any expence therefor until the further order of the Court, but that they immediately make all necessary calculations & estimates preparatory to commencing & completing said building the next season in case the County Tax thereof shall be allowed by the Legislature, and that they make report of their doings & calculations at the next session of this Court in January in order that the sum required may be inserted in the next County estimate.
Which report was not accepted, Justice Dole and Justice Cottrill being in favor & the Chief Justice & Justices Neal & Reed being against acceptance, but the Court order the report to be recorded. "
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January Term 1823
"A Memorial is presented by the Inhabitants of Wiscasset on the subject of a new Court House & fireproof building in that place and the Court, on consideration of the same, decide that it is not expedient to insert any sum in the present County Estimate therefor or to appoint any Committee thereon."
May Term 1823
"Ordered by the Court (Hon. Justices Dole, Neal & Cottrill in favor & the Hon. Chief Justice & Justice Reed dissenting) that a new Court House be erected at Wiscasset, upon the place where the present Court House stands or such other place as may be decided more eligible, the same to be constructed as nearly upon the plan reported by a Committee at the April Term 1818 as conveniently may be, and so as to contain fireproof offices, with suitable alcoves ets., as is directed by the law, and that preparation be made by purchasing materials and contracts for labour as soon as conveniently may be, so that the building may be erected & completed on or before the 1st of September 1824.
"Ordered that Hon. Eben Clap, John Dole & Isaac G. Reed be a Committee to decide upon the place of erecting the new Court House & upon the plan by which it shall be constructed; and in case they shall decide upon any scite other than land belonging to the County & which may be offered them for the purpose that they have power & be directed to take a sufficient deed of such lot to the use of the County.
"Ordered that Nathaniel Coffin Esq. be & hereby is appointed an Agent to build a Court House in Wiscasset upon the place & according to the general Plan to be designated by the Committee of this Court appointed for the purpose, and that
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the said Agent be & hereby is authorized to borrow on the Credit of the County a sum not exceeding Five Thousand Dollars, as the same shall become necessary to enable him to execute the duties of the commission, with most benefit to the County, at a rate not exceeding 6 per cent per annum, provided the said Agent first give bonds to the County in the sum of $7,000 with sufficient sureties to be approved by the Court or any two Justices of the same in vacation to be filed with the Treasuere of the County for the faithful discharge of his trust & for regularly accounting on demand for all monies which may come to his hands by virtue of this Authority; that the Agent aforesaid be authorized to sell at publick auction or otherwise all the County's rights, title & interest in the Old Court House & the land under it, and surrounding it & also the lot near the widow Churchill's, unless the Committee appointed for the purpose shall fix upon one of these lots for the new building, in which case he shall have power & be required to sell so much of same only as the Committee shall direct.
" Ordered that the Committee authorized to decide upon a scite for the new Court House be directed to examine the Bank building at Wiscasset and ascertain if the same can be converted into a Court House so as to answer all purposes required as well or nearly so as a new building, and if in their opinion it can be so done, at a less expence than a new building, will require, that they be authorized to direct the Agent appointed to purchase the same at the price agreed & estimated by them, and to repair & fit it up accordingly.
" Ordered that the Agent appointed to build the Court House be allowed to charge & retain as a full compensation for his services sum of six per cent upon the whole amount of bills & expences by him paid & allowed by the Court on the settlement of his accounts."
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September Term 1824
Nathaniel Coffin Esq., the Agent for building a Court House makes a report which is read & ordered to be placed upon the files of continued papers:
"Ordered that Nathaniel Coffin Esq., the Agent of the County for building a Court House at Wiscasset be & hereby is authorized & empowered to borrow on the credit of the County of Lincoln a further sum, not exceeding Five Thousand Dollars to enable him to complete the said building & suitably furnish the same & the publick offices therein fit to use.
"Ordered that the County Treasurer be directed to pay over to Nathaniel Coffin Esq., the County Agent for building a Court House, the sum of Fifteen Hundred Dollars, which is provided for in the County Tax of the current year for this purpose so soon as the state of the Treasury will admit of it; and that the Agent be & hereby is directed to pay to Richard Cobb Esq., the $1,500 which will become due to him on the 15th day of Nov. next, and also to pay him the interest upon his whole loan to the County which may be due at that time; so that all the monies borrowed or paid on account of the new Court House or incidental to the same up to the said 15th day of Nov. may be embraced in said Agent's account.
"Ordered that the Hon. Eben Chap, John Dole & Isaac G. Reed be a Committee to examine, approve & accept the new Court House when completed, & to audit, allow & settle the accounts of Nathaniel Coffin Esq., as Agent for building the same, so as to make their report of the adjustment of the same at the next session of this Court.
"Ordered that Nathaniel Coffin Esq., be the Agent of the County to have keeping & oversight of the new Court House & of all the County's property in & about the same, and that he be authorized to employ some suitable person, whose duty it shall be to be in constant attendance at the Court House during the sitting of all Courts which shall be holden therein; as well as to
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see that the doors & gates & furniture of the Court Rooms are properly secured & preserved & render such other services as the Court may require, and that the Agent request the Sheriff of the County & Marshall of the District to take the person thus employed into their service during the sitting of their Courts and to allow him in their respective bills a reasonable compensation for his attendance. "
May 10, 1825
"The Committee appointed to examine, approve & accept the new Court House when completed and audit, allow and settle the accounts of Nathaniel Coffin Esq., Agent for building the same, REPORT: That altho the new Court House was occupied by the Supreme Judicial Court a few days in the latter part of the last Term, it was not so far completed as to be in a condition to be accepted before the date of this report and at this time, it is not wholly finished, but probably will be in a short time and with little further expenditure; the Committee therefor have accepted the Court House and have recommended to the Agent to procede to finish the same agreeably to the original plan and direction of the Court as they have also audited, allowed and settled the accounts of Nathaniel Coffin Esq., Agent for building the Court House up to date. a copy of which with the statement of the Agent and the vouchers for the several charges in the account accompanying this account.
"For the purpose of erecting and furnishing the Court House the Agent, under authority given him by the Court of Sessions. borrow Ten Thousand Dollars upon the credit of the County, Fifteen Hundred Dollars of which has been received from the County Treasurer and repaid towards the sum borrowed: he has also paid the interest on said loan up to the 15th day of November 1824 so that at this time there is due on said loan
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-
Eight Thousand Five Hundred Dollars, with interest to be paid semi-annually to be computed from said fifteenth day of November and the principal redeemable as follows, viz:
$1500 on 15th November 1825
2000 "
1826
2000 "
1827
3000
1828
" It also appears that the Agent has sold small lot of land near Warren Rice Esq. dwelling house in Wiscasset and the Old Court House for two hundred dollars and given credit to the County therefor in account. Upon this settlement we find in the hands of the Agent Two Hundred Eighty-two Dollars & Forty-four cents with which the County is to be credited in his next account. The foregoing Report is dated February 10, 1825, and the same being read is accepted and ordered to be recorded, and the Court further order that the account of the Agent accompanying the same be posted into the County Ledger.
"Ordered that the Clerke certify to the County Treasurer the amount due from the County upon the loan contracted by the Agent for building a Court House with the time and plans for payment and names of the persons to whom due and that the Treasurer be and hereby is directed to pay the same according to the notes given therefor by the Agent and to charge the same to his accounts against the County with his customary commissions on the interest he may pay upon said loan and a commission of one per cent upon the several installments of principal he may pay as a full compensation for that service."
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MARY ALLEN vs JETHRO HATCH
"Mary Allen of Dresden in the County of Lincoln, single- woman, Complains to this Court, against Jethro Hatch of said Dresden, saddler, & informs the Court that she the said Mary, on the twenty eighth day of March last past was delivered of a bastard child & that the said Jethro is the father of said child, & that said child is chargeable to said Town of Dresden. She therefore prays that the said Jethro may be adjudged the father of said child & that he may be compelled to comply with the provisions of the statute in sich case made & provided, and the said Jethro Hatch, by his Atty. Smith & Thatcher comes & defends etc, & says he is not guilty in manner & form as the said Mary complained against him & therefore puts himself on the County-and the said Mary likewise by Wilde & Bailey, and thereupon this action or complaint is committed to a jury sworn according to law to try the same, whose verdict is returned as follows: viz; 'The Jury find the Respondent is guilty in manner and form as the said Mary has complained against him! It is therefore considered by the Court & the Court is of opinion that the said Jethro is the father of said child. And thereupon the Court order that the said Jethro Hatch pay eight dollars toward the support of said child up to the 15th day of May instant & costs taxed at $23.32. And the Court further order that the said Hatch pay the sum of sixty-seven cents per week for the support of said child for the future, until further order of this Court, & that he give bond as the law requires."
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The next case in that Term of Court:
COMMONWEALTH vs MARY ALLEN
"Commonwealth vs. Mary Allen of Dresden in the County of Lincoln, Appellant, from a Judgement given by Samuel Parker Esq., a Justice of the Peace in and for the County of Lincoln, on the twenty second day of April A.D. 1811 on a complaint made on oath by William Barker before said Justice, against the said Mary Allen for theft; for that the said Mary Allen, on the tenth day of March A.D. 1809, with force & arms feloniously stole, took, & carried away a certain cap for a woman wear then & there found, being the property of John Kile of said Dresden, Yeoman, & of the value of one dollar & fifty cents, against the peace of said Commonwealth & in evil example to others in like case to offend-and for that the said Mary at said Dresden, on the fifteenth day of December A.D. 1810, with force & arms feloniously stole, took and carried away a certain piece of copperplate cloth so called, then & there found being the property of David Clancy & of the value of one dollar, against the peace of said Commonwealth & in evil example to others in like case to offend-and that the said Mary Allen of said Dresden on the Twenty first day of June A.D. 1810, with force & arms feloniously stole, took & carried away a certain pair of stockings, the property of Lydia Hatch of said Dresden, singlewoman, then & there being found, & of the value of one dollar, against the peace of said Commonwealth & in evil example to other in like case to offend, and for that also the said Mary Allen at said Dresden, on the tenth day of March A.D. 1809, with force & arms feloniously stole, took & carried away a certain neck handkerchief for a man, then & there found, the property of said John, & of the value of seventy five cents. All which is against the peace of said Commonwealth & in evil example to others in like case to offend-"
"At which the Court judgement was rendered that the said
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Mary Allen was guilty & that she was to pay a fine of one dollar to the use of the Commonwealth & costs of prosecution. This complaint was brought forward to the present Term of this Court and now the said Mary has this complaint read to her & thereof she says she is not guilty, & for trial puts herself on the County. Thereupon a jury is enpannelled & sworn to try the issue, who return their verdict & on oath say : that the said Mary Allen is not guilty. It is therefore ordered by the Court that the said Mary be discharged of their complaint & go thereof without day."
NATHANIEL WHITAKER vs CANAAN
Despite the distances between churches and meeting houses and the difficulty of travel, religion was strong in the hearts and minds of the people in the early days of our Country. The Courts, too, were firm in the religious standards set, as exhibited in the requirements of all teachers described in the Bristol case.
But this did not necessarily result in complete harmony between minister and congregation. Ministerial contracts were rare, however, and when dissention did occur replacement was easy. Dr. Whitaker was evidently well versed in law as well as the Gospel.
August 1791. "Nathaniel Whitaker of Canaan in said County, Doctor of Divinity, and the inhabitants of said Canaan, by John Fowles, Yeoman, Peter Heywood, Esquire, Eli Wesson, Yeoman, and Peter Heywood Jr., Yeoman & William Stewart, Yeoman, all of said Canaan, their agents legally chosen by & on the behalf of said Town, on the twenty sixth day of August last, before William Lithgrow Jr. Esq., a Justice of the Peace within & for said County, agreed to submit the demand made by the said Nathaniel Whitaker against the
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said inhabitants of said Town, which is annexed to the agreement, & all other demands which either of said parties have against the other; more especially the validity of said Nathaniel's supposed contract with the inhabitants of said Town, as their minister; what sum, if any, is due the said Nathaniel Whitaker from the said inhabitants for his salary as their minister, & what sum, if any, the said inhabitnats shall allow the said Doctor Whitaker for relinquishing his supposed contract with the said inhabitants as their minister; & in case said contract should be adjudged invalid, what sum the said Doctor Whitaker shall receive for his past services, as a preacher in said Town, to the determination of Thomas Rice, Jededrah Jewitt & William Howard, Esquires, the report of whom, or the major part of whom, being made as soon as may be, to any Court of Common Pleas to be holden in & for said County of Lincoln, Judgement thereon to be final. And if either of the said parties shall neglect to appear before the referees after proper notice being given them of the time & place appointed by the referees, for hearing the parties in said action, the referees should have power to proceed ex parte, and at this Term the said referees made report in words following viz; 'We the Subscribers having duly notified the parties, viz; "We inhabitants of the Town of Canaan, & the said Doctor Nathaniel Whitaker of the time & place of hearing the several matters within submitted they met us accordingly & after giving them & their evidence a full hearing on all demands, do report that the said Nathaniel Whitaker hold the lot of land in said Town designed for the first settled minister in said Town in fee forever, & that his contract with said inhabitants, as their minister do henceforth cease, determine & become void, & that the said Nathaniel Whitaker recover against the said inhabitants the sum of one hundred & thirteen pounds, nineteen shillings & two pence in full satisfaction for relinquishing his said contract & arrearages of salary & all other demands against said Town, & that execution for the same bestaid nine months after this report be accepted at Court.'
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"Which being read was accepted by the Court, and pursuant thereto, it is considered by said Court that the said Nathaniel Whitaker hold the lot of land in said Town designed for the first settled minister in said Town in fee forever, & that his contract with said inhabitants, as their minister do henceforth cease, determine & become void, & that the said Nathnaiel Whitaker recover against the said inhabitants the sum of one hundred & thirteen pounds nineteen shillings & two pence, in full satisfaction for relinquishing his said contract & arrearages of salary & all other demands against said Town & costs of one pound seventeen shillings."
But the famous-or infamous-Doctor was dissatisfied with the settlement granted by the Court and brought fresh action against fourteen specified inhabitants. The Court decided that neither parties recover damages from the other but that each should pay their own costs.
It is noted that in this second trial Nathnaiel Whitaker is designated as CLERK rather than as Doctor of Divinity or minister. The reticence of the court records permits wide speculation, but whatever action brought the good Nathnaiel's downfall it was quite sufficent for the Court to turn a cold sholder to his further pleas.
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CRIMINAL BRIEFS
David Hildreth, 1799: Riot. Placed for one hour upon the gallows with rope around neck and the other end cast over the gallows to be followed by one year in prison. At end of sentence to pay costs of prosecution.
William W. Temple, 1836: Burning a Meeting House in the nighttime. State prison for life.
Rufus Sampson, 1836: Assault with intent to murder. 3 years in State prison.
Ebenezer Dunton: Rape. March 26, 1837; released April 21, 1837. Rape: May 24, 1837; released June 1837. Rape: October 28, 1837 ; released Dec. 25, 1837.
Daniel Little: Polygamy. Two months in gaol and fine of $5.00.
Ensign Worthing: "A boy ten years of age". Store breaking and stealing therefrom, July 1846. one month in gaol. Second offense, October 1846. State prison until August 1852.
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A man convicted of rape was released on furnishing bonds, while during the same term of Court another man killed a goose and was given one month in gaol.
Joseph Clifford, 13 years old: Assault and Battery. 20 days.
Jonathan Williams: Bastardy. 60 days.
Mary Waltz: Keeping a House of Ill Fame; 1 year. Adelaide Nichols, appearing in the same term of Court on the same charge was given. 1 month.
Lewdness was not tolerated. Three "females" were sentenced to one month in gaol.
Grace Cotlin: "On the oath of Elisa Teague that she was pregnant" was sent to gaol on November 7th. She was discharged April 18th by an order from Elisa Teague.
William Campbell: November 22, 1817; profane swearing. Discharged, December 5, 1817, by paying fine and costs.
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John Bumford: June 16, 1802; "Burning a barn". Broke Gaol-"the gaol being insufficient" on October 21, 1802.
Joseph Brashire, Patricktown Plantation; October 27, 1821, "Unlawfully cohabiting with Betsy Brun". Expiration of sentence, May 7, 1822.
John McDonald, 18, Boston: Piracy-State's Prison for life.
Oliver Hooper, 15, "A small boy", March 13, 1830. Murder on "Mama Slaughton". Acquitted by Supreme Judicial Court on May 27, 1830.
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HENRY TREFETHERN AND THE DEVIL
June 18, 1811 was a bad day for Henry Trefethern. "Not having the fear of God before his eyes, but being moved and seduced by the instigation of the Devil" did load and discharge his gun into the body of one Parry Spearse, inflicting a mortal wound from which the victim, after languishing for two days did die.
On the same day Henry Trefethern did also load and discharge his gun into the body of one Daniel McLane while under the same seduction of the Devil, inflicting a mortal wound and instant death.
In the first case he was accused of murder and found not guilty. In the second case he was accused of manslaughter and found not guilty.
Prince William Henry, 18
Prince William Henry, with open penknife, did stab, grieviously and dangerously wound one Benjamin Hazen. Plead not guilty. Found guilty. Sentence: solitary confinement for two months to be followed by one year at hard labor in State Prison.
On the same day, with penknife, upon the body of Abraham Hammatt, did greviously and dangerously stab and wound. Plead not guilty. Found guilty. Sentence : solitary confinement for one month to be followed by one year at hard labor, commencing at the expiration of the former sentence.
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NAMES AND OCCUPATIONS
The family names have changed little over the generations but the given names have, fortunately, become easier to both pronounce and write. The following list is the "run of the mill" rather than the unusual. Since they were the common thing in those days kids probably escaped unmerciful teasing from their companions but one can readily imagine what might happen today if children were so burdened.
Elnathan Palmer
Manasseh Smith
Shadrach Jones
Boaz Brown
Obadiah Reed
Micajiah Little
Eliphat Payson
Imlah Merrill
Medad Hosmer
Meshak Purrinton
Azariah Pottle Asahel Polly
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