“Waited for This Oppertunity to Whip Jame in my Absence”

On 23 Feb 1773, Edmund Hawes (1738–1831) wrote from Barnstable to his cousin in Taunton, Robert Treat Paine, seeking legal help.

Hawes was uncle and guardian of a fifteen-year-old named James Paine Freeman. Years before, that boy’s father had worked as a clerk in the counting-house of Paine’s father.

Hawes’s letter described how that lad got into an altercation with a local man:

Now Acquaint you of an Unhappy Affair Desireing your Advice & Assistance therein. Novr. the 2nd: 1772 On Monday Evening James Paine Freeman was at Husking Corn to Mr. Thomas Annables. Elisha Gray Goldsmith of this Town being there, after Husking they had a Dance the said Gray being Tired Danceing Sot Down in a Chair

And it is Said that the sd. James tied the Button of the Sd. Gray’s Coat to the Chair with a Large Twine & when Gray Jumped up to Dance the Chair follow’d Him & Gray to Get Clear of the Chair Puled of his Own Button which was all the Dammage that was Done:

He Gave out that he would whip James for what He had Done: all which I was not Acquainted with by any Body on Saturday the 7th: of sd. Novr. I went to Eastham and Tarry’d there Exactly a Week. The sd. Gray have’g Waited for This Oppertunity to Whip Jame in my Absence.

On Thursday the Twelfth Day of sd. Novr. at About Eight O Clock in the Evening the sd. Elisha Gray Assaulted the sd. James with a Stick About as thick as one’s thumb as the Witnesses Say and Beat him with Great Violence till the Stick Broak to Pieces then Josep Hinckley haveing heard the Blows at a Distance Ridd up to Se the Affray. The sd. Gray Pull’d his Horse Whip out of his hand & whip James with that till the Lash Came off Then Bid James Down on his knees & Begg & then a Second Time which he Did as Once would Not Satisfy his Wicked Revenge. This was Done between My House & the Bridge.

Then Job Howland the Sheriff who Stood at Lawyer [Shearjashub] Bourns Shop Door Hearing the Blows Came & found James Laying on the Ground & sd. Gray Standing Over him: & would not leave him till the Officer Pull’d him Away By main force and Bid James Get up & Gray should not strike him again: and when He Got up he was much Beat and Bloody. All which I Prov’d Before Col. [James] Otis & I hope I Can Again.

On Thursday follow’g I had sd. Gray Before Col. Otis for the Kings Part and he was convicted of a Breach of Peace & Fine’d.

In a postscript Hawes added, “The Marks of James’s being Whip’d was Plain to be Seen Before Col. Otis as His Honour together with Others Can witness the which was allmost a week after he was whip’d.”

But that local criminal case (“for the Kings Part”) wasn’t the end of the dispute. People could also sue for assault and win damages.

TOMORROW: Back to court.