Transcribed by Marilyn Pilkington. While I have endeavored to be as correct as humanly possible, there could be some typographical errors.
Harbour Grace Surrogate Court
by her attorney Richard Anderson
by his attorney Mr. Broom
Action to recover £12.16.0 for trespassing on her premises situate in Mint Cove, Spaniard’s Bay, on the 3rd May last. Writ issued the 28th ulto, returned this day.
John Currie, Defendant in the above cause, maketh oath and says that Michael Farrell of Spaniard’s Bay is a material witness for him, the said Defendant, and for want of him the said Farrell, he cannot, with justice to himself the said Defendant, enter into the aforesaid election and that it is not to procrastinate the suit he prays further time, but solely the absence of the aforesaid Farrell.
Sworn before me this third day of March, 1823
(Signed) Oliver St. John, Justice of the Peace
Harbour Grace - Monday, March 10, 1823
Jane Collins of Mint Cove
by her attorney Richard Anderson
by his attorney John Broom
Action to recover £12.16.0 -- resumed from the 3rd instant
Plaintiff named John Gosse a witness - she lives in Mint Cove and saw Defendant there on or about the 3rd of May last - saw Defendant give directions to cut down a fence belonging to Plaintiff. It was done by Francis & John Sheppard - sons of Henry Sheppard - and by James Travers - the said Henry Sheppard's servant. There appeared to the best of witness's knowledge thirty or forty yards of the fence cut - he did not measure it. Witness was present when a part of the fence was cut. Heard Mr. Currie tell Plaintiff that if she made any resistance against him, he would have her brought to Harbour Grace & publicly whipped thro the Harbour. At the time the fence was cut down, witness saw some stumps sat and some beds of seed, there were some winter plants sat also which appeared to be trampled down - they were cutting down the fence when witness came on the premises - Mr. Currie assisted in cutting the fence - witness heard Mr. Currie order them to cut the fence.
Witness was present at the cutting of the fence. Mr. Sheppard's sons cut it by Mr. Currie's orders - Did not hear Mr. Currie ask Mrs. Collins to remove the fence - the fence was cut three or four inches from the ground, it was a wrigglin’ fence - some of the lodes were cut off in the middle - witness often made such a fence. He could not repair the fence for [?]. It would take him about three days to repair it if the lumber was on the premises, the fence in question being burnt the winter time, was put up every spring - don't know the quantity of stumps or plants sat - there was no snow on the ground at this time - fence was removed shortly after - there was some currant & cherry trees destroyed by cattle going in the garden - cannot say the amount of damage done.
George Collins, sworn and examined. Witness was on the spot when Mr. Currie & Mr. Sheppard's sons and saw his mother's fence cut down. Witness spoke to Mr. Currie who said he was doing nothing but was just and told witness if he made any resistance he would carry him to Harbour Grace and have him publicly whipped - Witness asked Mr. Farrell what authority he had for cutting the fence (seeing him there). - Farrell thence witnessed a paper - but did not read it - witness measured the fence, it was seventy yards - there were some plants sat - cannot tell the quantity - some seeds were also sown - he saw no cattle in the garden - the stumps & plants were trodden down - a cherry tree quite young was cut down - a few currant trees appeared a little injured - the fence was cut down - had before been standing - whilst witness remembers - he is thirty yrs of age.
Witness was with his mother buying potatoes the same day down the Harbour whilst the fence was cutting.
John Hutchings, sworn and examined. Lives in Mint Cove - he saw the fence falling - did not see Mr. Currie at that. Witness saw several persons there - He heard Mr. Henry Sheppard say he gave Mr. Currie twenty shillings - what for he cannot know.
Henry Sheppard. Sworn and examined. Question proposed. Answer overruled by the Court.
(Plaintiff's case closed)
Michael Farrell named on the part of Defendant, sworn and examined. Mr. Currie some time in May last came up to put witness in possession of a certain piece of ground which had been in dispute. He showed witness an Order of Court to put him in possession. Witness saw an Order of Court in Mr. Currie's hand which was read in the presence of Plaintiff. It was similar to the one produced. Mr. Currie left witness a document to see the piece of fence fixed between Mr. Sheppard & Mrs. Collins.
Defendant admits to his having ordered the fence to be cut.
The court having heard the matter fully - give judgment for the Plaintiff in the sum of £1.10.9 & costs.
Oliver St. John, Surrogate
[See also Henry Sheppard of Mint Cove vs. Jane Collins of Mint Cove]
© Marilyn Pilkington and NL GenWeb