he record of this court.
The jury brought in their verdict, finding for the plaintiff with damages, Forty and One Shillings and costs of court, Three pounds, Thirteen Shillings and Eight pence.
County Court Records, Vol. 1st, Page 296.
The evidences (testimony of the witnesses) in this case are not to be found, but it is plain that Symmes won the suit, and that the costs of court were much larger than the amount of damage, as is liable to be the case today.
The record shows that Johnathan Whitney of Watertown, one of the writer's ancestors, was one of the jurors in this case, which has a tendency to make him believe that the verdict was a just one!
Another contention which was settled in court in Charlestown, October 6, 1663, was of a little different character from either of the other two already cited.
It indicates how closely bound together were the church and the people, and how the former insisted, as much as possible, in doing all the thinking for the people, especial
, there was a growth of birch and cherry (such as grows along road sides) in a diagonal line across the plain.
The ground adjacent was full of small stones, evidently placed there as the fields were cleared for cultivation.
These, doubtless, marked the position of this old road from the river northward.
Just when the mills ceased to be used and the road discontinued is difficult to determine, but probably long after the suit of Symmes vs. Collins, described in the previous article by Mr. Whitney.
Mr. Symmes had several acres of upland and some marsh bordering on the Menotomy which, situated below, was quite near to the Broughton mill.
The building of the dam in the river of Misticke may have deflected the tidal flow southward into the Menotomy to a greater degree than usual.
Some have thought this to be the meadow said to have been damaged, but as it was salt marsh it is doubtful if the hogs rooted there.
The other meadows of Mr. Symmes were nearly two miles away on the A