Legal Papers of John Adams, volume 2

Adams’ Minutes of the Wadsworth Trial<a xmlns="http://www.tei-c.org/ns/1.0" href="#LJA02d009n1" class="note" id="LJA02d009n1a">1</a>: Plymouth Inferior Court, Plymouth, April 1766 JA Adams’ Minutes of the Wadsworth Trial: Plymouth Inferior Court, Plymouth, April 1766 Adams, John
Adams' Minutes of the Wadsworth Trial1
Plymouth Inferior Court, Plymouth, April 1766
Wadsworth vs. Loring et als.

Paine.2 Wadsworth, a Commissioner of Duxborough to take Care of the Herring Way.

Q. Whether Wadsworth did any Thing to defeat the Condition?3

Levi Loring. Deposition. Making Interest.4 Told Town, nothing was done.

Thomas Adams.

Pirez Loring. Would make Interest, but Loring said it was not fair.

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Jno. McGlathly. Judah Sampson came and wantd him to see how many would vote for Wadsworth.

Abner Louden. Askd to go to Meeting but not to vote. Voted against it.

Job Brewster. General talk unfair to make Interest.

434. 435. 436. Our Act.5

Confession—whose case.

Hovey. 6

Coll. Bradford. Fair Vote.

D eaco n Wadsworth. Defendants said make what Interest you can and so will I. Aggrievd the People.

Prior. Enemy.

P. Sampson. Petition not to give up the Priviledge.

1.

In JA's hand. Adams Papers, Microfilms, Reel No. 185. Facing page is docketed “Supr. Ct. Wadsworth v. Loring & als.,” without more. See notes 5, 6, and 9, above.

2.

Robert Treat Paine, counsel for Loring et al.

3.

It is not clear from the MS whether this is JA's query or Paine's.

4.

That is, using influence in order to obtain votes.

5.

“[W]hosoever shall hereafter erect or build any dam across any such river or stream where the salmon, shad, alewives or other fish usually pass up into the natural ponds, to cast their spawn, shall make a sufficient passage-way for the fish to pass up such river or stream, through or round such dam, and shall keep it open, for the free passage of the fish, from the first day of April to the last day of May, annually; and all the owners or occupants of any mill-dam, or other dams heretofore erected and made across any such river or stream where the fish can't conveniently pass over, shall make a sufficient way, either round or through such dam, for the passage of such fish, at or before the first day of September next, and after that to keep such passage-way open from the first day of April to the last day of May, annually, on pain that every person offending, in any of the particulars aforesaid, shall forfeit and pay the sum of fifty pounds for each offence. . . . [T]he owners or occupants of such dam or dams shall allow sufficient water-passage round, through or over such dams, for the passage of such fish or their young spawn, in the season of their going down such rivers or streams, on penalty of forfeiting the sum of fifty pounds for every offence. . . . [T]he several fines and penalties arising by virtue of this act, shall be sued for and recovered in any court of record proper to try the same, by any person that shall prosecute and sue for the same; one half of such sum to be to and for the use of the prosecutor, and the other half to be to and for the use of the poor of the town where the offence shall be committed.” Act of 15 Jan. 1742, 2 A&R 1087–1088.

The numbers “434. 435. 436” in the text are unexplained. They do not refer to Acts and Laws, Of His Majesty's Province of the Massachusetts Bay in New-England (Boston, 1759), where the Act appears at p. 297.

6.

James Hovey, with JA, counsel for Wadsworth.

Adams’ Minutes of the Winslow Trial<a xmlns="http://www.tei-c.org/ns/1.0" href="#LJA02d010n1" class="note" id="LJA02d010n1a">1</a>: Barnstable Inferior Court, Barnstable, December 1767 JA Adams’ Minutes of the Winslow Trial: Barnstable Inferior Court, Barnstable, December 1767 Adams, John
Adams' Minutes of the Winslow Trial1
Barnstable Inferior Court, Barnstable, December 1767
Winslow qui tam vs. Clark

Hovey. 239. Page. Nusances in Rivers. Natural, usual or common Passage.2

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Wm. Robbins. Knows the Brook. Saw Clark make a Ware3 with sticks and stones and Boards. Saw James Clark catch Fish.

Thos. Snow.

Our Witnesses.

Lt. Freeman. No Water in the guzzell4 when Winslow Gates are down in Herring Time.

Tupper.

Clark.

1.

In JA's hand. Adams Papers, Microfilms, Reel No. 185. Dated from JA, Docket, Adams Papers. See note 1 above. Winslow was a justice of the quorum. Whitmore, Mass. Civil List 146.

2.

James Hovey, counsel for Winslow, most probably refers to an Act of 1727: “[W]hosoever . . . shall sett up, erect or make any wears . . . or other incumbrances whatsoever, on or across any river for straitning, obstructing or stopping the natural, usual or common passage of fish, in the spring or other proper seasons of the year, without the approbation of the court of general sessions of the peace, shall, for every such offence, forfeit and pay the sum of ten pounds, to be sued for and recovered by plaint, bill or information in any of his majestie's courts of record within the county where the offence is committed; one half thereof to be to him that shall inform and sue for the same, and the other half to the poor of the town or towns where such incumbrances have been made or set up.” Act of 3 July 1727, 2 A&R 426. The Act appears at p. 239–240 of Acts and Laws of the Province of Massachusetts Bay.

3.

That is, a weir, or dam.

4.

“Guzzle”: “a gutter, drain.” OED .