him. But Converse would not admit a permanent defeat, and six months later, December 10, 1670, he brought action against Collins for review of the case.
The witnesses in the review were mostly for Converse.
They testified that after the court the mare was carryd to Mr. Collins but she came back again, and being fetched away she returned again after harvist.
When lett gow at liberti shee might agon away, but would not at any time.
Jacob Cole, Samuel Frost, John Carter, Johnathan Wade, Thomas Gleason, Jermiah Sweyn, Samuel Champney and others all testified that the mare and colt belonged to Converse, that she was not branded, and that colt's teeth were found in hir mouth and that she was coming five years old.
One witness testified shee was going six years old and had never been branded.
It is evident that the mare and colt claimed Josiah Converse as their owner and his farm as their home.
As the mare would not remain at the Collins farm, and could not be of much use to him, it i
ith two Rods broad for a highway (from the sd. Mills) to go too & fro betwixt the said Mills & Concord way throu all the land of the said Hen. Dunster till it shall come unto the publique country highway to Concord, to be layd out as strayte as conveniently may for all passengers & carriages with all priviledges in reference to said land & thereto appertayning, . . . and lastly [ ] the now wife of [H. D. &c].
The above bears date of March 6, 1656, and was witnessed by Edward Collins, Thomas Gleason, David Dunster and John Stratton.
His son David was then eleven years of age, but made mark thus, T. Mrs. Dunster's signature does not appear.
As the grantor is thus (a year subsequent to his removal from the president's house) styled of Menottimy within the [west] precinct, it is not impossible but that he then occupied the house purchased of Robert Long, which, though in the territorial bounds of Charlestown, was but a short distance from the line and in Menotomy field.