Maine Historical Society.

Documentary history of the state of Maine .. (Volume 15) online

. (page 23 of 36)
Online LibraryMaine Historical SocietyDocumentary history of the state of Maine .. (Volume 15) → online text (page 23 of 36)
Font size
QR-code for this ebook


him, to a Considerable value the greater part whereof has
been secreted, embezeled or Conveyed away by some person
or persons, & that your Complainant hath great reason to
suspect that Rebeccah Callahan Wife of the s** Charles, hath
secreted, Embezzled or Conveyed away the same — Where-
fore your Complainant prays that the s** Rebeccah may be
proceeded with in the premises as the Law in such Case
directs — & your Complam* &c
Decenib' 6*'' 1777 Nath^ Thwing

A True Copy as appears of Record

Roh^ Cushing Reg^

Lincoln Ss. To Rebeccah Callahan Wife of Charles Calla-
han late of Pownalboro in said County Gentleman an
Absentee Greeting



OF THE STATE OF MAINE 309

Whereas Complaint has been made to me by Nathaniel
Thwing Esq' Agent for the Estate of said Charles that the
said Charles left personal Estate behind him to a Consider-
able value, the greater part whereof has been secreted,
embezzled or Conveyed away & that the said Natlianiel hath
Just reason to suspect & doth suspect that you the said
Rebeccah have secreted embezzled or Conveyed away the
same — You are therefore hereby Cited to appear before me
at a probate Court to be holden at the Court House in said
Pownalborough on Wednesday the Seventeenth day of
December instant at Eleven o Clock in the forenoon to be
interrogated upon Oath concerning the premises & to be pro-
ceeded with as the Law in such directs — Hereof you are
not to fail dated at Pownalborough aforesaid the Tenth day
of December A D 1777

Jon** Bowman Judge of Probate

To the Sheriff of the County of Lincoln or his Deputy to
serve this Citation and make return thereof

J. Bowman Judge Prob*

Lincoln Ss. December 15, 1777, I Cited the within named
Rebecca Callahan to appear at the time and place by reading
this Citation to her

Samuel Goodwin Jun'' Dep^ Sheriff

Fees 6/ A true Copy att*

Rol"^ Cushing Reg-" of Prob*



Captain WeiVs Certificate for Bounty Money.

This may Certify that Cap^ Stephen Smith Muster Master
for the County of Lincoln \w the State of Massachusetts
Bay apointed for that Purpose has Paid the under Named
Persons being Noncommissioned oflicers & Soldiers in my
Company Six pounds and one blanket Each being a bounty



310 DOCUMENTARY HISTORY

Allowed to Each Non Commissioned Officer & Soldier that
Should Ingage in the Expedition against S* Johns Viz —
Joseph Averil James OBrian Nathan Andrews

David Libbee Bartholome Bryant Joseph Getchel

William Mills Jonathan Woodruff Peter Coleborth

Josiah Dodge James Dillaway Henry Dillaway

John Yong Daniel Austen James Foster

Benning Foster William Killey Josiah Libbee

John Berrey Jun'' John Gardner James Brown

Joshua Brown Joseph Getchel Jun"^ John Berrey
Daniel Elliot Daniel Richardson

Jabez West Cap'

To the Hon*"'* the Council and House of Representatives of
the State of Massachusetts Bay.

The Petition of Benjamin Foster, Col° of the Sixth Regi-
ment of Militia in the County of Lincoln, on behalf of him-
self ; Joseph Sevey, Joseph Libbee, and Stephen Smith,
Captains in said Regiment for themselves and the men under
their command ; and Jonas Farnsworth, Adjutant in said
Regiment, and Likewise Lieut. Joel Whitney & Company
Humbly sheweth,

That whilst the British ships were at Machias, and the
whole time the Militia were on duty at said place the past
summer, your petitioners and the men under our command
did not receive any Rations from the Commissary or any
other person on behalf of this State, but lived on their own
provisions whilst on duty as aforesaid ; and whereas the
chief part of their time from June to October, was employed
in the publick service, which prevented following their own
private business, and put it out of their power to lay in
Provisions for the present winter: your Petitioners therefore
humbly pray your Honors, that we and the Men under our
command, who were on duty as aforesaid, may have Rations



OF THE STATE OF MAINE 311

granted for the time they were so employed, equal to the
Rations granted other troops in the service of this state. —

And whereas there was a necessity for employing a num-
ber of Oxen, to haul Timber for building breast-works &c ;
we pray your Honors that pay may be granted for such
Labour, agreeable to the annexed account. — And as in duty
bound your petitioners will ever pray &c. —
Benj* Foster : Col° Joseph Sevey Capt Stephen Smith
Jonas Farnsworth Joseph Libbee Joel Whitney

]\Iacliias December 1777

In the House of Representatives Mar. 13, 1778
Read &'referrd to the Committee on Accounts —
Sent up for Concurrence J Warren Spkr

In Council Mar 13 1778

Read & Concurred Sam^ Adams Sec^

To the Honourable the Council of the State of Massachu-
setts Bay

The Petition of John Frost of Kittery in the County of
York Brigadier for said County & Humbly shows that your
Petitioner agreeable to the Militia act of said state has
appointed one Captain and Two Lieu* to Command a Mat-
ross Company in said County beg leave to Recomend Samuel
Nason for Captain Nehamiah Bean for first Lieu* Storer
Sewal for Second Lieu* Pray your Honours they may be
Commissioned accordingly —

Your Petitioner as bound in Duty Shall Pray

Jn« Frost
Samuel Nason Nemehiah I5ean Storer Sewall

In Council Dec. 9' 1777 Read & Ordered that Comis-

si(jns be made out for the above mentioned officers agreeable

to their respective Ranks —

Jn" Avery D^ Secy



312 DOCUMENTARY HISTORY

To the Great, and General Court of the State of the Massa-
chusetts Bay in New England Humbly Sheweth
That I Reced a Copy of my Petition of the 24**^ of Octo'
1777 with an order thereon to serve William M'^Cobb Esq""
with a Copy thereof & order, which I have done by Capt
James FuUerton, and I Return your Honours my most liu)n-
bly & hearty thanks therefor ; but am not to have any
Releaf, from Said M'^Cobb, Excepting I Can Raise money to
pay all the cliarges arisson & to arise, which is out of my
Power to do, if I should Die in Goal, therefore May it
Please your Honours, William M'^Cobb Esqr Living in
Booth Bay, about twenty five miles from Pownalborough
Goal, as the Road goes, it was with the utmost Difficulty I
Gott any Person to Serve him with a Copy, of the Petition,
& order thereon. Capt James Fullerton, Coming from
Woolwich he was so Kind as to under tak it for me, and
Carried the Original & a Copy there & Served it y^ 11"' of
November 1777 as his attestation on the Petition and order
will appear which origenal I Did not Receive back again
from Capt James Fullerton, Till the third of December 1777,
by the hand of M"^ John Jones, who informed that Capt Ful-
lerton told him Said Jones, that when he Said Fullerton
went to WiUiam M^'Cobb Esq' he begain to Expostulate with
Said M'^Cobb, about Said Clark Linneken — and said it was
a Pette that he was sent & Confined in Goal & for no Crime
& he & his family a suffering greatly Said William M'^Cobb
Esq"" answered & Said, he was Sorry & that he should be
Glad to helpe him if he Could &c or words to the same pur-
port, and seemed to be Sincear & pitte him & family, which
Capt Fullerton thought he Said M''Cobb was Sincear & in
Earnest, he Said Fullerton then pulled out the Petition &
order of the General Court, & Shew him & Gave him a copy
thereof; upon which Said William M^Cobb altered his
Countance & Tone, & Decleared he would not admitt him



OF THE STATE OF MAINE 313

Said Liiinekin to Bail Except he would pay all the Charges
arision & to aiise & give Bonds for X400 Lawful money, the
Bonds I am willing to give if I Could Get Bondsmen for I
am honest & mean to be so &c but the Charges am unable to
pay, Except I Could Come out & work to Earn the money
to pay them, for I have but one Cow & that gives milk for
my wife & children, Said M*=Cobb would do nothing about
it ; — and here I am Left in Goal — in the most Distressed
manner, having Little Cloaths only a Sliirt & a Thin Jaccot
to ware & poor britches & no Sliews & Stockings only one
pair of Shews & Stockings Gave me Since I have been in
Goal — and no blankett to Cover me, only to lay down in
this between Cold weather, on some hay given me, without
any Coveren which is too hard for human Nature to Bare,
and to Receive such punishment in a christian land and for
no Crime, is Cruel; — if there had not been an old Grudge, I
believe Said M'^Cobb would Never Issued a warrant against
me for trading with the men of warr's People, when I had
nothing to Trade with but wanted charity for my self &
famely, for I had Little or no bread, for three months
together, only what I gott now <& then from a Neighbor, but
Never no bread to Carry home, only to eat there. —
but tlie Jugeror often Pursues the Jugered to Run him
down, in order to Prevent his obtaining Satisfaction; — my
wife and 4 childreen are in a most suffering Condition as
well as my selfe therefore I most Humbly Repet my Request
to your Honours to Liberate me from this Doleful Goal, and
from my charge, and perishing Condition, & family also, for
I shall liave no Relief from any Known Enemie, and as in
Duty Bound I Shall Ever Pray

Clark Linneken
Pownalborough December 9 1777



314 DOCUMENTARY HISTORY

I James M*^Cuvdy of Lawful age testifieth and saith, That
when the Enemy landed at Long Island in Penobscot Bay,
M"^ Benjamin Wheeler being an Lihabitant at Wheelers-
borough on Penobscot River, Lent Thomas Calderwood a
Firelock and furnished him with amunition to go against the
Regulars : and also said from time to time, ( according to the
best of my memory ) That he had Three Firelocks, and plenty
of Ammunition, and would let any man have them to fight
the Regulars with. I have never heard y® said Benjamin
Wheeler express any thing prejudicial, or injurious to the
interest of the States ; but rather the reverse. Further the
deponant saith not, But is ready to make solemn Oath to the
truth of the above as Witness my hand at Penobscot Decem-
ber the 12th 1777.

James M'^Curdy



State of Massachusetts Bay to Stephen Smith Truck Master
D^

For ace* of Sundries Dl*^ p' order of Col° Allan Superin-
tendent Eastern Department for the use of the Indians

[ Here follows list of articles.]



This may Certify that Cap*^ Stephen Smith Muster Master
for the County of Lincoln for the State of the Massachusetts
Bay Appointed for that purpose has Paid the under Named
Persons being Non commishaned Officers and Soldiers in my
Company Six pounds and one blanket each being a bounty
Allowed to Each Non commishaned Officer and Soldiers that
should Ingage in the Expedition agains S* Johns Viz.
Nethaniel Cox William Mitchel Nemiah Small
Daniel Small Noah Mitchel George Finey



OP THE STATE OF MAINE



315



Metliia.s Whitney Joseph Libbee
Abraham Allan Thaubal Hinckley



Danil Hill
John Guptal
Richard Fassett
Samuel Libbee
Moses Worster
Benj" Getchel



Samuel Milbury
Joseph Learton
James Dyer
llichard Earl
William M-'Castler



Daniel Merrit
Samuel Reynolds
Josiah Moore
James Dyer
Christopher Tracey
Going Wilson
Jonathan Niels
Bradbury Merril
Samuel Small
Nethanel Tubbets



Benjamin F'oss
Benjamin Strout William Ray
Samuel Gates Samuel Shaw Jun''
John Walker Christopher Tracey Asa Tracey

Benj" Tibbuts Abner Tibbuts

Machias Decern' 12, 1777 p'"' Reuben Dyer Cap*



Board of War to settle with Mr. Smith as Commissary &
Truckmaster —

Coll Leonard M'' Barlow Mr White to settle with him as
Muster master & to order & Report into Resolve



Petition of Seth Grardner — Leave to Withdraw

State of Mass* Bay

To the Hon^'* the Council, & the hon'''® House of Repre-
sentatives of said State.

The Petition of Seth Gardner of Harpswell, County of Cum-
berland, humbly sheweth,

That your Petitioner ( being one of the drafted Men some
Time last Winter) faithfully served three Months in the
present War — that being in low Circumstances, was unable
to purchase an effective fire arm — that Your Petitioner
received one from the Select Men of this Town, to whom he



316 DOCUMENTARY HISTORY

was accountable for the same said fire Arm being State

property — that when your Petitioner returned home ( by

Water from Boston ) said fire Arm was carefully put into

the Boat when your Petitioner was going a Shore — that one

of the Men ( when rowing in said Boat, by means of the

Thawl-pins breaking, or tlie Oar starting out of its place )

fell backwards, and accidentally with his Foot struck said

fire Arm over board.

Your Petitioner ( continuing in indigent Circumstances )

humbly prays that this hon*^ Court would discharge liim

from his Obligation to tlie Select Men of this Town, to pay

for said fire Arm. All which is humbly submitted to the

Wisdom of this hon*^ Court, and your Petitioner as in Duty

bound shall ever pray.

Seth Gardner
Harpswell 13"^ Dec' 1777.

We the Subscribers being in the Boat aforesaid, do testifie,

and are ready to make Oath, that the Loss of said fire Arm

happened as is herein set forth.

John Bray

Ward Haskell

James biship



State of Mass'' Bay

In Council Dec. 15—1777

Whereas there is a Tract of Land, of about three mile

Square Commonly called Cooks Lott adjoining Saco River

without the bounds of any Town, upon which there are many

Valuable White Pine Masts, a considerable part of which

Lott of Land belonged to Sir William Pepperrell one of the

late mandamus Councellor who is absent from this State, in

which Lot or Tract of Land Rish worth Jordan Esq. of

Biddeford is Interested — and as tis said that some persons

have made Strip and Waste thereon and are again preparing



OF THE STATE OF MAINE 317

to Cany off the Pine M.ists afores*^ by cutting them for mill
logs the ensueing Winter and no person having been
appointed an agent to s'^ Pepperrell —

Therefore to prevent any further destruction of said Tim-
ber and that such as have already destroyed the same may be
specially called upon to made compensation therefor It is
Resolved that the said Rishworth Jordan Esq. in his own
Name for himself and the other owners thereof be and hereby
is fully authorized and impowered to prosecute and pursue
actions of Tresspass to final Judgment & Escu" against any
persons that have Committd Tresspass thereon since Janu-
ary 1775 or that hereafter may Commit Tresspass on s'^
Laud he to account with the Judge of Probate for York
County for the said Pepperrells proportion of such damages
as may be Recv** & to pay the same in the manner agents
are directed by Law to Do — any Resolve to the Contrary
notwithstanding —

Sent down for Concurrence

John Avery D^ Sec^

In the House of Representatives Dec 15 1777
Read and Concurred J Warren Spkr

Consented to —

Jer Powell W Sever A Ward

W Spooner T Cushing R. Derby

Jolm Wliitcomb John Taylor S Holten

Moses Gill Benj Austui D Sewall

Tim" Danielson N Cushing Jabez Fisher



The State of INIassachusetts Bay in the House of Representa-
tives Decmb-^ 15, 1777

on the petition of Capt Samuel Whitmore of Gorliam in the
County of Cumberland praying for alowances for Services



318



DOCUMENTARY HISTORY



Done on tlie Batteries in falmouth in said County by him
selfe and men under his Command —

Resolved that tliere be paid out of the Treasure of this State
for their services afsd. to the Capt Eight shilhngs per Day
Left five shilhngs per Day Non Commission officers three
sliillings and Six pence per Day Privates three shillings per
Day in full for their services and Ratisions and the Com-
mittee on Musterols are Directed to and allow tlie

Roll for such Service when presented agreeable to this
Establishment



Sent up for Concurrence

In Council Dec. 15, 1777
Read & Concurred

Consented to —



Jer Powell
W Spooner
John Whitcomb
Moses Gill
N Cushing



W Sever
T Cushing
John Taylor
Benj Austin
Jabez Fisher



J Warren Spkr

Jn° Avery D^ Sec^

A Ward
R. Derl^y
S Holten
Tim** Danielson
Oliver Prescott



Lincoln Ss At a Court of Probate held at Pownalborough
in the County of Lincoln before Jonathan Bowman Esq"^
Judge of the probate of Wills & for granting Letters of
Administration on the Estates of persons deceased within
the County aforesaid —

On Wednesday the Seventeenth day of December Anno
Dommi 1777 — Rebeccah Callahan Wife of Charles Callahan
late of said Pownalborough gentleman ( an Absentee ) being
Cited to appear at said Court upon the Complaint of
Nathaniel Tliwing Esq'' who was appointed Agent for the
Estate of the said Charles, that the said Charles left personal
Estate behind him to a considerable value, the greater part



OF THE STATE OF MALSE 319

whereof had been secreted embezzled or Conveyed away by
some person or persons & that the said Nathaniel had just
reason to suspect & did suspect that the said Rebeccah had
secrected Embezzled or Conveyed away the same — Upon
which the said Rebeccah came into Court & being required
by said Judge to acquit herself on Oath of the premises,
then refused to be sworn & interrogated upon Oath in the
premises. It is therefore ordered by said Judge that the
said Rebeccah be Committed to the Common Goal in the
said County there to remain untill she shall Comply to dis-
charge herself upon Oath or be otherwise legally discharged,
from this sentence the said Rebecca, claimed an appeal to
the Supreme Court of probate for this State, & gave Suffi-
cient security according to law for prosecutmg her said

appeal with effect

att. Rol'' Cushing Reg'

A True Copy as appears of Record. Rol*^ Cushing Reg'



State of the Massachusetts Bay Lincoln Ss

Before Jonathan Bowman Esq' Judge of Probate of Wills
&c for said County at a Special Court of probate held at the
Court House in Pownalboro on Wednesday the Seventeenth
day of Decemb' A D 1777 at Eleven o clock A M Nathaniel
Thwing Esq' Agent for the Estate of Charles Callahan late
of Pownalborough Gent" ( Called an Absentee ) Complainant
against Rebeccali Callahan Wife of the said Charles for
embczzleing, secreting or Conveying away &c the personal
Estate of tlie said Charles, the said Rebeccah refusing to
acquit lierself on Oath touching the premises was by the said
Judge ordered to be Committed to the Common Goal of said
County &c from wliich sentence she appealed to the Supreme
Couit of Proljatc for this State ; and for which she now
assigns the following reasons Viz' —



320 DOCUMENTARY HISTORY

1 Because the said Rebecca when before said Judge the day
aforesaid voluntaryly declared to him that she has disposed
of the whole of the personal Estate of her said Husband as
she had a right to do, and therefore refused to acquit herself
on Oath touching said Complaint —

2. Because the said Rebecca within three Months, next
after her said Husband went from home, did s&ll and dispose
of the whole of the personal Estate of her said Husband
which was by him left in her hands for her use and for the
support of her self and family —

3. Because there is no Certify cate made to the s*^ Judge
that the said Charles Voluntarily went to and is still with
the Enemies of this and the other United States of America
which by the Law of this State ought first to have been
done, but there is only a Certifycate made by Edmund
Bridge and Asa Smith who call themselves the Major part of
the Selectmen of Pownalborough, that they believe the said
Charles voluntarily went to and is still with their Enemies,
and not the Enemies of the United States of America —

4 Because it is plain by the preamble of the act of this
State on which the aforesaid proceedings were granted, that
the s*^ Act was made Solely for the benefit of Creditors of
Absentees that they may all receive their Equitable demands
out of such Estates : Now the said Rebecca Avers that when
the said Charles went from this State he was not Justly
Indebted one Shilling to any person whatsoever within this
or any of the United States, and therefore the aforesaid pro-
ceedings are groundless and unnecessary and not supported
by Law —

5 Because the said Rebecca had not any proper or reason-
able Notice of the Complaint and Examenation aforesaid,
being only served with a Citation on the fifteenth day of the
8^ Decemb' at Eight of the Clock a Night when many miles
from her home or prepare her self for the aforesaid Tryal,



OF THE STATE OF MAINE 321

before she was obliged by the said Citation to attend thereon
without fail —

6 Because the aforesaid Order & Sentence of the said
Judge was not made and published on any certain or fixed
day made known and pubhshed by the said Judge for mak-
ing and publishing his orders & decres which by Law it

ought to have been —

Rebecca Callahan
Filed January 2^^ 1778

A true Copy of the Reason on file

att RoP Cushing Reg^

Machias December 23, 1777.

This may certifie that Col" Benjamin Foster, M'' Jonas
Farnsworth, Cap* Joseph Sevey, Cap' Joseph Libbee & Capt.
Step" Smith and Leu' Joel Whitney and the Militia Com-
panies under their conuuand except 8 men days, which
were on duty at Machias the last summer, did not receive
any Rations from the Committee of this place or from the
Commissary

p"' James Fhnn Cle"^ To the Committee
Stephen Smith Commissary

I Tho. Child of Falmouth hereby certify That I have often

seen at the House of M" Elz'' Ross in said Falmouth a large

Silver Cup mark'd with the name of Edward Tyng, late of

Boston also. I have drank out of it and I know it to be the

same Cup which I formerly saw in the possession of Edward

Tyng in Boston ( son of the decea'^ Edw. Tyng ) who boarded

with me at the House of my late Mother there, and I then

understood and believed it to be the property of the said

Edward the Son and that it was given to him by his

Father —

Falmouth 1" Janu^ 1778 Tho. Child

21



322 DOCUMENTARY HIBTORY

State of Massachusetts Bay

In the House of Representatives Jan 2"^ 1778
on the Petition of Stephen & Ralph Cross praying the
Court to grant them a Sum of Money for the use of John
AUan the Continental Agent of Indian affairs in y« Eastern
Department

Resolved that the prayer of the Petition be so far granted
that the Treasurer of this State be directed to pay to the
Petitioners for the use of s'^ John Allan Esq the Sum of
three Hundred pounds as Soon as the State of the Treasury
will admit of the Same, Said Allan to be accountable to this
Court for the Same —

Sent up for Concurrence

J Warren Spkr

In Council Jany 24, 1778

Read & Concurred with an amendment at A

Sent down for Concurrence

Jn° Avery D^ Secy

Warrant drawn at A. (dele? what follows & insert —
Petitioners to be accountable to this Court for the same
untill the Said Jn° Allan Esq as Continental agent as afore-
said shall by a Writing under his hand or in some o ther Way
make liimself accountable for the same and no longer —

In the House of Representatives Jan" 2 1778
Read & Concurred

J Warren Spkr

Consented to

Jer Powell W Sever A Ward

Jedidiah Preble Jabez Fisher Moses Gill

Tim° Danielson John Taylor B White

Dan^ Davis Benj Austin N Cushing

A Fuller S Holten J Palmer



OF THE STATE OF MAINE 323

To the Honorable the Council of the State of Massachu-
setts Bay —

Joseph Noyes of Falmouth in the County of Cumberland

Humbly sheweth that he has Expended a considerable sum

in Supplying the Forces Stationed at Falmouth & Cape

Elizabeth more than Avbat he has received therefore pray

your Honours to give him a Warrant on the Treasury for

Four Hundred pound to Enable him to pay for what he has

Expended & to purchase a further supply of Provisions &c

and as Duty Bound shall Ever pray

Joseph Noyes
Boston Janry 11^'^ 1778



In the House of Representatives, Jan. 12 1778

Ordered — That M"^ Jenkins be of the Committee on the
Petition of Benjamin Wheeler & others a Conunittee of a
Settlement called Wheelersborough — in the room of M''
Crane absent

Sent up for Concurrence J Pitts Speak"^ g Tern

In Council Jan^ 12, 1778 Read & Concurred

Jn" Avery D^ Secy

State of Massachusetts Bay
In the House of Representatives Jan^ 12"' 1778

Upon the Petition of Nath" Prebble & others a Committee
of Frenchmans Bay praying for some Assistance under their
Misfortunes.

Resolved, that the Board of War be and tliey are hereby
directed to order Ninety barrels Beef & Five Teirces of Rice



Online LibraryMaine Historical SocietyDocumentary history of the state of Maine .. (Volume 15) → online text (page 23 of 36)