Court Held At Ipswich, Mar. 31, 1674....
Writ: Robert Hazeltine of Bradford v. John Griffin; for appearance before Daniel Denison at his house in Ipswich upon Feb. 5, immediately after lecture in the afternoon, at two o'clock or as soon as the lecture is done; trespass, for damage by swine in corn; dated Jan. 28, 1673;
signed by Nath. Saltonstal, for the court; and served by John Tenny, constable of Bradford, by attachment of the house and orchard of defendant in Bradford. Judgment for plaintiff.
Appealed to the next county court. John Griffin and James Sanders bound. Bill of cost, 26s. 8d. Town orders made Feb. 24, 1672:
It is ordered that all fences about Corne feilds shall be made up sufficiently at or before the first of April next ensuing the date heereof.
It is ordered that all swine aboue two months old shall be sufficiently ringed at or before the last of May next upon the penalty of 12d per swine & so to be kept from time to time till the last of october next ensuing the date hereof.
It is ordered that all cattle, horses & swine taken doing damage in corn feilds shall pay all damages & twelve pence a peice for pounding.
Shubal Walker, Samuel Gage, Robert Haseltine, Nicolas Wallingford Thomas Kimball.
John Griffin's reasons of appeal, dated Mar. 25, 1674,
without any reflections upon or dishonor unto the sd Judge:
that the time stated, some time the last summer when the damage was done was too indefinite;
that the appraisal was made by relatives of Hazeltine, and not indifferent men;
that the damage was caused by the insufficiency of the fence and was not to be laid to his swine;
that the testimonies against him "are such as are raked up in his owne family & of his owne kindred, which if counted good, then any man that hath many relations about him may make up any case in the world."
John Hazeltine, jr., aged about sixteen years, deposed that Griffin refused to join with his father in appointing men to appraise the damage.
Sworn, Jan. 31, 1673, before Nath. Saltonstal, commissioner.
David Haseltine and Henry Kimbal testified that they left word at John Griffin's house with his wife concerning the damage, etc.
Sworn by Kimball, Jan. 29, 1673, before Nath. Saltonstal, and by Haseltine, Feb. 5, 1673, before Daniel Denison.
Nath. Saltonstal attested upon oath as commissioner, Oct. 6, 1673, that the plaintiff and defendant were at his father Ward's house, etc. He understood that the appraisers, Benjamin Kimbel and Samuel Haseltine, were the son-in-law and nephew of Hazeltine. Robert Hazeltine, jr., and William Smith, both aged about sixteen years, deposed that the hogs were not yoked and some had no rings and they pounded the said hogs in Robert Haseltine's house or hogs-coat.
Sworn, Jan. 31, 1673, before Nath. Saltonstal, commissioner.
Benjamin Kimbal and Samll. Haseltine, fence viewers of Bradford, found Haseltine's fences insufficient against orderly cattle.
Sworn, Feb. 5, 1673, before Daniel Denison.
William Smith deposed that one hog which was taken in Mr. Ashby's corn, etc.
Sworn, Feb. 2, 1673, before Nath. Saltonstal, commissioner.
Robert Haseltine, jr., deposed.
Sworn, Jan. 31, 1673, before Nath. Saltonstal, commissioner.
Mercy [Hazeltine] Kimbal, aged about thirty years, deposed. Sworn, Jan. 29, 1673, before Nath. Saltonstal, commissioner.
Shubal Walker and Henry Kimbal deposed that they appraised the damage for Robert Hazeltine, etc.
Sworn before Nath. Saltonstal, commissioner.
Haniel Clerke, aged about twenty-three years, deposed that he ringed the hogs.
Sworn, Feb. 2, 1673, before Nath. Saltonstal, commissioner.
Benjamin Kimbal, aged about thirty-seven years, and Saml. Hazeltine, aged about twenty-six years, deposed that there was a ditch with wood upon the bank which made a good fence. Sworn, Jan. 29, 1673, before Nath. Saltonstal, commissioner.
Robert Hezeltine's bills of cost, 11s. and 10s. 2d.
Robert Hezeltine, sr.'s answer to the reasons of appeal of John Griffin: that the eleven hogs about two years and a half old in the corn might have made the damage as appraised; that his John Griffin v. Robert Hasselltine. Appeal from a judgment granted by Major Genrll. Denison.
