Page:The Granite Monthly Volume 5.djvu/115

 THE BELLAMY RIVER MILL SUIT.

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��fett up a mill upon s*^ stream and accordingly had Laid Two or three Pieces of Ti'mbe ouer aCrofs s'^ Riuer, and further This deponant did hear the f Tim"& Paul Gerrish forwarn them in Profseed Any further in the s work for the Priuiled belonged of Right to them and also desired me the deponant to Read a Coppy of the bargin and Sale of the Towne to his granfather Wal- dron which accordingly I did then the s'^ Gerrishes forwariied of Profeeding any further as they might expect to Answer the Contrary at Liw and further demand who was the Principle man in F^recting or Carring on s work that he might not miss in Laying ther action and they answered all as won

Sworne In Court

p. TheocP' Atkinson Clerk "

II.

" The Deposition of Edward Euons and Nath : Hanson of Doner both of full age Testifieth and faith

That we the deponants haue euer since our' Remembrance been well acquainted with the ftream or Riuer Comonly Called and knowne by the name of belemies Bank frefhett and being up fd Riuer fume time aboute the Latter End of may Last Paft by Estimation 4 fcore Rods aboue the brook or Riuer called malligo brook or River and there did see william jacktbn Eli demerett Jun"' and others at work upon Timber in order to Erect and sett up a mill upon s freshett or Riuer then there being Prefent Capt' Timo and Cap" Paul Gerrif h will Jackfon Eli Demerett Jun & seuerall others the faid [ack- fon demerett & other the Partners being at work upon Timber in order to fet upon the f^ Riuer or ftreame of belemies a mill and did hear the said Ger- rifhes^' demand or Claim the Priuiled of f Riuer or ftream and forwarn the fd demerett and Partnors of Profeeding in fetting any works there on, and further we the deponants fay that we being up the fd Riuer about the 20th of July Last did fee the frame of a Dam Erectted and fett up on the fd frefhett of belemies bank Riuer at about fourfcore Rods aboue the mouth of mallig brook or Riuer by Eftimation

Sworne In Court Test

Theod : Atkinson Cler"

III.

"The deposition of John Tomfon of doner aged 60 years or upwards Testifieth and saith

That I the deponant being Imployed by Eli demerett Jun'' and will Jacfon & other to frame a dam and mill upon the frefhett or Courfe of water where Capt* Tim" and Capt' Paul Gerish Came with others sume time in the Latter End of Last may or beginning of June & did forwarn s'' Jackfon demerett and other the Partnors for setting any works in the sd Place yet not withftandin the s*^ gerrifhes forwarning of them the f demerett Jackson and other the Partnors haue profeeded and have Erected and fet up in the s'^ Place the frame of a dam and mill and further saith not

Sworne In Court Pest

Theod: Atkinson Clerk "

John Busse was a minister. His deposition and that of his son follow, the portion enclosed in brackets being in the handwriting of Atkinson, evidently added in open court : —

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