|| Mr. Foster's Troubles.--Litigation.
Whether the legal maxim of that day, "the more
truth the greater libel " was invoked against him or his proof was insufficient
we are not informed. He was found guilty and fined fifteen shillings and
cost. From this judgment he appealed. But Thomas Sewall who was fined
twelve shillings did not appeal.1
Capt. Sewall's case came before the court at Pownalborough
in the following June, when he "feed Gen. Lithgow and Mr. Thatcher, who
pleaded the absence of a material witness for a continuance." A question
arose between the litigants whether the case should be continued to be
tried at Hallowell or Waldoborough,2 in which they could not
agree, and the Court refused a continuance. Thus Capt. Sewall "was
reduced to the dilemma" of going to trial without evidence or "paying
up." He wisely chose the latter.3
The "northern company " of the militia in town
elected officers April 12th, when Ezekiel Porter was chosen captain, John
Shaw lieutenant, and Asa Williams ensign.
August 6th Ephraim Ballard's saw mill on Bond's brook
Col. North, Capt. Sewall and Ebenezer Farwell were a
committee to "explore a road from Cobbosseecontee to Bowdoinham line."
While on this business Thursday, August 30th, they heard, "about
the middle of the afternoon," a remarkable explosion in the air, probably
the same mentioned by Williamson in his history as having occurred on
the 26th. The explosion appeared to them "similar to that" of
the discharge "of a small cannon." They "supposed it to be the bursting
of a meteor." 4
January 8th, 1788, the Court of Common Pleas commenced
the second session at Hallowell at Pollard's Inn. The grand jury were
dismissed the third day and the jury of trials on the forenoon of the
fifth day, "after having only one cause committed to them."
Rev. Eliphalet Smith from Winthrop was at Capt. Sewall's
house Sunday March 9th, and "attended Mr. Foster's meeting for his own
satisfaction, which he amply obtained."5
At the annual meeting £200 were raised for highways,
H. Sewall's Diary.
2 Waldoborough was a half shire
town from 1786 to 1800, when the courts were removed to Wiscasset.
3 Sewall's Diary. 4
Ib 5 Ib