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Friday, April 12, 2019

ABRAHAM PERKINS: "...HE HAS SOLD THE KETCH AT BARBADOES..." CONCLUSION

The rest of the record of Abraham Perkins' lawsuit against John Cutt for the unauthorized sale of the ketch Dove is a bit frustrating in that while there are people listed who testified about the case, some of those testimonies are not detailed. But a few are and apparently there was enough evidence to give Abraham a victory in court:

Bond, dated July 19, 1673, of Abraham Perkins* and John Burnum* for the payment of the cost of building the ketch

Wit: Benjamin Marshall* and Edmond Marshall.* Benjamin Marshall deposed that being at the house of Abraham Perkins the evening before he intended to go out with the Dove, he heard Mr. Huberd ask said Perkins whether he would sell his part of the ketch. Perkins answered that he built her for his own use and had put himself out of his other employment to go in her, and therefore would not sell, though he could have more than she was worth for he liked her so well. Sworn, June 29, 1674, before Daniel Denison.* 


Edmond Marshal and Benjamin Marshall, aged respectively twenty-six and twenty-four years, deposed. Sworn, June 24, 1674, before Daniel Denison.* 


John Burnam, aged about twenty-seven years, deposed. Sworn, June 25, 1674, before Daniel Denison.* 


Francis Wainwright deposed that Perkins said he would sell his half for 80li., Jno. Burnum, jr., having sold his half to Hubbard for 70li. Sworn, June 29, 1674, before Daniel Denison.* 


Daniel Hovey deposed that in his own house and in Abraham Perkins' house, he heard said Perkins say that he was not pleased  with the sale of his ketch. Sworn, June 30, 1674, before Daniel Denison.* 


John Rennerrik deposed that at his house, etc. Sworn, June 30, 1674, before Daniel Denison.* 


Artor Arbit, aged about thirty-five years, deposed. Sworn, June 16, 1674, before Daniel Denison.* 


Luk Perkins, aged about twenty-five years, deposed that he was at Porchmouth when his brother Abraham Perkins demanded the ketch of John Cutt, who said that Mr. Hubard gave him order to sell her at Barbadus, etc. Sworn, June 29, 1674, before Daniel Denison.f


John Perkins and Elizabeth, his wife, deposed that Mr. Hubbard wrote Cutt a letter, etc. Sworn, June 27, 1674, before Daniel Denison
pp341-342

Records and Files of the Quarterly Courts of Essex County, Massachusetts:  Vol V 1672-1674 Massachusetts. County Court (Essex County) Essex Institute, 1916

So while John Cutt was ordered to pay damages to my ancestor Abraham Perkins, he was still out of a ketch. I haven't found sny record yet if he ever built another one.

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