1667, July 3-Mr. Sticklin hath entered a complaint against Henry Disborrow. Samuel Messenger testifieth that in the winter., when snow was upon the ground, he being at Disborrow's, Mr. Stickland's grandchild that lives there fell into the mill-dam up to the middle, and his master and dame neither offered to shift him, but let him go in his wet clothes all day and lie in his wet shirt at night. And since being there, the child being come from cow-keeping and in some way his basket a little torn, she kicked and beat him for it, and said she never see such a bastard. This testimony taken before Daniel Denton, June 21. Bernard Smith says he heard Richard Combs say that he struck down the child three several times going, and if it were to do again he will do it again. John Curtis says that Margaret saith a servant had more liberty to strike than a boarder. All the time he lived in the house, so far as he see, he could not tell but that the child was well used. Catharine, wife of Henry Linington, affirms she heard blows several times, and the boy cry and beg, into her own house, but she did not see them. -b., 315, 330.
July 3-The testimony of John Chew, taken by the Justice of the Peace. He doth affirm that when we went down to South there was a horse of Adam Mott's, and I said Mott gav e me leave to take him up; and we came up both together. Said Daniel Bedell I will take him up: says John Chew "for you may if you will," and John Chew helped me to catch the horse.-B., 315
Daniel Bedell enters an action of the case against Adam Mott. Put off till next Court.- B., 315
December 4.-James Still, in an action of the case against William Osbone, being legally called, for non-appearance is non-suited.-B., 317.
1668, May 6.- The testimony of Edward Banbury; Being at Mr. Elias Doughty's house, Mr. Seaman and Thomas Jones came there and agreed about Jones' wife, and he agreed to pay Doughy £12, and Thomas was to come with me to make Doughty a bill, according as we agreed for his wife Sarah with Mr. Risden.-B ., 316.
Whereas Elias Doughty enters and action against Edward Banbery, the Court find for plaintiff. Defendant shall pay the bill which he made to Doughty the last of October, 1665, and give him 10s. for his trouble.-B., 168.
May 22.-Herman Steper, of Bushwick, enters and action of the case against Jeremy Wood.-B., 317.
August 4.- Richard Littin, of Oysterbay, enters and action of the case against Adam Mott, Sr.
September 2.-Daniel Bedell enters an action of the case against Adam Mott, Jr.
October 7.-Walter Tailor enters an action of debt against Abraham Smith.
December 2.-Martha, wife of Thomas Rushmore, against John Tredwell, for abusing her swine in a very bad manner. She prays reasonable damages as shall be thought meet by the Court. -B., 318.
Samuel Allen enters an action of the case against Elizabeth Hubbs.
George Hewlett enters an action of debt against Lawrence Mott.
1670, February 2.-Thomas Seabrook enters an action of debt against Cornelius Mott. The Court award payment of the bill and 15s. damage.-B., 318
James Pine enters an action of the case against John Ellison.-B., 319.
April 6.-Daniel Bedell charges James Still with spoiling his scythe and cannot make it appear. The Court sees just cause that plaintiff shall pay 6s. to defendant and 14s. to the Court, with costs.-B., 319.
May 1.-Lorus Mott against Thomas Jones, an action of debt.
June 1.-Ensign Thomas Rushmore says John Smith, Jr., mowed his meadow without his leave, as if he owned it. He makes the meadow appear his own by a bill of sale. The Court award him 10s. damage.-B.., 320.
July 4.-Joseph Jennings enters an action of defamation against Robert Bedell and his son Daniel. He withdraws it and pays costs.
Captain John Seaman enters an action of trespass upon the case against Joseph Jennings.
John Story, of Flshing, enters and action of debt against John Wood.
John Smith, Jr., complains against George Baldin and his son Joseph.
August 3.-Thomas Hicks enters and action of the case against Daniel Bedell.
James Pine enters an action of trespass against Abraham Smith. The Court conceives it is no title of land which is sued for, and that the Island of trees belongs to them by virtue of a town order, to be divided between them according to the fence which each maketh: and if afterward it appear that Smith hath trespassed within Pine's line by reaping or mowing his corn or hay, the he shall pay all damage. The line is to be understood as that which was agreed on when Mr. Woodhull (the surveyor) was there. Simon Searing and Edward Titus are appointed to view the land in difference and give in their report in convenient time.-B., 321.
December 7.-Whereas John Johnson and Richard Totten were called before this Court for setting a fire contrary to law, whereby the town is much damnified by the feed being burned up, and likewise by endangering the town to be burnt, the Court orders that this time they shall pay 20s. for their default. Which is already satisfied.-B., 186.
1671, April 5.-Christopher Yeomans enters a complaint against John Curtis for debt and damage, the debt being £4.5 in corn, and pleads great damage for non-payment. The Court having considered the matter, order Curtis to pay the remaining part of his first payment within five days, in any place within this town.
John Ellison addresses himself to this Court by way of complaint against John Bates, for security of his estate which lies in Bates' custody, being two cows let out to hire according to an agreement; but disliking the present condition of the cattle, he fears some evil may befall them through Bates' negligence. The Court order Bates to give security (if he be capable of so doing) for the cattle; otherwise to return them on he conditions formerly agreed on.-B., 191.
August 2.-Richard Lattin enters an action of the case against Lewis Hewlett, for diet and plowing. Louis Mott, aged twenty-three, says that Hewlett agreed with Goodman Lattin to pay him 5s. per week for his diet from May till Michaelmas (September 29) and what he did not pay in work he was to pay in corn, and Lewis' horse was made over as security for his diet and for Lattin's plowing for him. As the pay was not yet due, the Court, having well weighed the matter, find for defendant.-B., 200.
Richard Latin declares that Lorus Mott owes him on divers accounts, but makes nothing appear saving some quantities of liquor delivered to Mott, and to prove it produces several testimonies in writing taken by the constable and overseers of Oysterbay. Mott owns to have received nine galloons and three pins of liquor, which is not the full proportion due from Lattin, and also pleads he had no legal notice and was ignorant of his pretentions till he heard them declared in Court, and moves for a reference to the next Court. Ordered that the cause e heard at next town Court, and that both parties fit themselves against their sitting.-B.,201.
1672, February 7.-John Hubbs against Nathaniel Allen, an action of debt. Joseph Sutton and Thomas Daniels say that Allen was to give Hubbs 10s. to boot between Hubbs' horse and Allen's mare, and if Hubbs did take up the mare, then Allen was to give him 10s. more, and Allen said he owed Hubbs 22s. for beefr. The Court find for plaintiff, and order Allen's horse, which Hubbs hath attached, to be prised, and if the plaintiff is willing to take him at the prise he shall return the overplus to the constable, ad also all defendant's tobacco which he hath in possession, and that plaintiff pay the constable upon his own charge for going to the Neck and attaching the horse and tobacco. Further, Hubbs shall return the tobacco and the overplus of the horse-money to the constable in ten days.-B., 323.
March 6.-Mr. Jonah Fordham enters an action of debt against John Barker. The Court find for plaintiff and order defendant to pay 225 guilders and 9 stivers in wampum or merchants' goods equivalent, and the steer attached shall be prised, and plaintiff shall have the steer to pay the debt so far as it will go.-B., 324.
May 1.-John Smith N., in behalf of his son Jonathan, enters and action of debt Against John Chew. The Court order Smith to have his debt out of a bill which he hath attached, which Joshua Jacocks passed to John Chew. The debt that Chew owes him being seven and a half yards of Kersey and a pair of worsted stockings, and the bill attached is fifteen yards of serge. -B., 325.
June 5.-Whereas there have been several complaints against Mattew Bedell, both of his bad words and actions, the Court see cause to bind him to his good behavior; and if further complaints be bought in and proved against him, then the Court order that he shall pay 40s. and be presented to the discretion of the next Sessions Court for further punishment.-B., 203.
July 3.-Nathaniel Pearsall petitions the Court for money due him from John Chew, deceased, for several particulars of work done by him at his trade, (blacksmith), he proving his debt by taking his oath to his book. The Court allowed him his debt, 19s., to be paid out of Chew's estate. George Hewlett recovers £1.10.9 in the same way. -B., 206.
Matthew Bedell enters an action of debt against Richard Valentine.
October 21.- John Beats enters an action of the case against Thomas Southard.-\B., 207.
1673, April 2.-John Ellison enters and action of the case against Matthew Bedell. The Court having heard both sides see cause to fine defendant 40s. to plaintiff, or else be whipped and pay all costs.-B., 331.
Edward Spragg enters an action of debt against John Row. The Court order that Spragg shall have Row's musket, which he hath attached, (which was left in George Hewlett's hands), for part of his debt, for so much as it will come to.-B., 331.
Nathaniel Pearsall in an action of debt against Nicholas Davis. The Court allow the debt, 28s. in silver, and plaintiff to have the wheat attached in John Smith's hands for part of pay so far as it will go. He shall have ten bushels of wheat for his debt, besides charges.-B.,332.
May 7.-Caleb Carman enters an action of the case against Matthew Bedell, and declares he hath lost several things out of his house in the time Bedell kept there, as a scythe, two sickles, and several other things; and upon suspicion doth charge him with them, and to prove his charge produces four witnesses. The Court having heard both parties and their witnesses order defendant to bring the sickle now in controversy, that sickle that he reaped with at Sticklin's Neck, to the next Court, or else pay three pecks of wheat to plaintiff, with costs.-B., 332.
June 4.- Inasmuch as William Wiat hath presumed to abuse the Authority in words, and complaints of it have been brought to the constable, the Court see cause that he shall pay 20s. and the charges that have been expended; but in case he doth behave himself, and abuse neither the Authority nor any other men for the space of one year, then the 20s. shall be forgiven him.-B., 214.
1674, March-At a Court held by the Scout and magistrates, ThomasWillit enters an action of debt against Minne Johannes. The Court find for defendant as concerning the half-ox, and order him to pay all charges expended by his not performing his covenant, and doth allow 1s. damage to plaintiff.-B., 273.
Abraham Frost enters an action of the case against Lorus Mott. Referred till next Court. May 3d.-An agreement was made between Mott and Frost, about the land Oliver Trimans bought of Mott, by which Mott delivers to Frost a sorrel horse at Newtown, worth £5, and pays the Court charges and Frost is to bear his own charges. Further, Frost is to assist Mott to recover the land by counsel, direction and pleading; and if it be recovered, Frost is to have half the land.-B., 216, 273.
April 5.-Joseph Jennings enters an action of debt against John Tredwell. The Court order Tredwell to pay the remainder of the bill that is in difference in ten days, with this proviso: that if when Ralph Keeler's estate is divided, and the money now in difference doth then fall to Tredwell's portion, then Jennings shall repay the money to Tredwell again without further trouble, and defendant shall pay all charges.-B., 273
May 3.-Lorus Mot enters an action of the case against Joseph Jennings. Inasmuch as Thomas Skidmore was expected to be at this instant Court to answer the case in behalf of Jennings, and doth not appear, it is referred till next Court. The Court (June 7) find for Mott and order Jennings to return the beast in difference upon demand, with 20s. damage and costs. If he refuse, then there shall be execution granted.-B., 274.
June 7.-Robert Jackson enters an action of debt against Peter Petersen, by virtue of a warrant of May 22d.-B., 275.
June 12.-Thomas Skidmore enters an action of the case against Lorus Mott. Skidmore not appearing, the Court grant a non-suit to Mott, with 10s. damage.-B., 275.
July 5.-James Mott enters and action of the case against Jonathan Smith. Referred till next Court, when both are to appear and bring their witnesses, and Smith is to fetch up the mare that is in difference and bring her to the Court.-B., 275.
1675, February 3.-John Jennings enters an action of defamation against Richard Totten, and declareth he is damnified £5. John Smith Rock and Daniel Bedell say they heard Totten say that he hear John Jennings should say there were but three or four honest women in the town. James Stell says I and Jennings were riding to the Northside together, and Jennings did commend me for riding by and would not take notice of him when he was in the stocks. Then I told him I though he had degraded some of the town in saying there were but three or four honest women in it. But he denied it. Then I said "Don't deny it, for I think it will be proved to your face." Then Jennings said, "It is true, friend, I did say so." The Court find for defendant, the plaintiff to pay 6d. damages and costs.-B., 276.
Richard Stites enters an action of debt against Minnie Johannes, who owes him for part of a horse that b ought of him, also he declareth he hath arrested defendants' swine and desires to have it. Peter Johnson and Joseph Jennings say Stites sold a horse to Minne, and then he owed Minne a small debt, and the bargain was that the debt should be discounted and Minne pay Stites £3. The Court having heard plaintiff and his witnesses, and considered thereof, allow him his debt, with costs, provided that when Minne doth come that then it doth not appear that either the whole or a part of it be paid. Also they order that the swine that was attached be prised and plaintiff to have her so.-B., 277.