RELATING TO BATH AND THE KENNEBEC RIVER. 98 SPRAGUE'S JOURNAL OF MAINE HISTORY A Famous Lawsuit RELATING TO BATH AND THE KENNEBEC RIVER. (Wayfarer's Notes) EDITOR's NOTE: The late Honorable Joseph W. Porter of Bangor, from 1885 to 1895, published "The Bangor Historical Magazine," and after its discontinuance and for a few years prior to his decease, he contributed to the Bangor Commercial a series of exceedingly valuable papers relating to the early history of Eastern Maine. These were all written by Mr. Porter and published under the non. de plume of "Wayfarer" and known as "Wayfarer's Notes." Like all of his historical research these papers are of inestimable value for their accuracy and the care with which they were prepared. (Continued from Vol 3 page 18) THE GUTCH OR GOOCH CLAIM. Rev. Robert Gutch or Gooch from Salem came to Kennebec river, and May 29, 166o, bought of Robin Hood and other Indians a tract of land which was substantially what was incorporated into the town of Bath, Feb. 17, 178I. This deed was recorded in York records, Vol. 2, Folio 32, Oct. 27, 1667. Gutch died in 1666. He had a family of children, some of whom lived in the vicinity, but nothing is seen of them until about 1740 when new settlements began there under claims from the heirs of Gooch. Dr. Silvester Gardiner, with the consent of the company undertook to prosecute its. claim on the Bath territory. Dr. Gardiner probably for the pur- poses of this case sold out to David Jeffries of Boston, or appointed him as attorney. David Jeffries, clerk of Boston, lessee under Silves- ter Gardiner, by deed of April 1, 1762, brought a suit against one Joseph Sergeant of George Town for: Twelve thousand acres of land in George Town more or less, beginning on the westerly side of the Chops of Merrymeeting Bay, thence southerly down the Kennebec River as the river runs -to Wirmegance Creek, thence to the farthest part of said Creek, thence by the nearest and most direct route of New Meadows Bay, and from thence along said Bay westerly and northerly up Stevens river and by said river and Creek to the bridge above the head thereof, and from said bridge north to Merrymeeting Bay, thence north westerly along said Bay to the Chops aforesaid, being the first mentioned boundary, the same being parcel of the Tract called the Kennebec Purchase from the late Colony of New Plymouth. This suit was for the whole, not a part of the town. A FAMOUS LAWSUIT 99 The case was originally brought in the inferior court and by sham demurrer carried to the "Superior Court of judicature." Here a new party appears: Col. Nathaniel Donnell, an eminent citizen of York, was upon petition admitted to defend. Jeffries found his watch. This Nathaniel Donnell of York was a kinsman (and prob- ably uncle) of the other Nathaniel Donnell, the settler in Bath prior to 1750, who claimed rights under the Gooch claim. The York man bought lands of the Bath man, and he in turn sold to others, and this obliged him to defend. The case was tried at the term held in Cumberland county the fourth Tuesday of June, 1765. The full bench of judges were present, viz: Chief justice Thomas Hutch- inson of Milton, afterwards lieutenant-governor; Benjamin Lynde of Salem, afterwards chief justice, 178i ; John Cushing of Scituate; Peter Oliver, afterward chief justice, and Edward Trowbridge, of Cambridge, sometime attorney-general. The most able and efficient lawyers of the country were employed at the trial. For the plaintiff were Jeremiah Gridley of Boston attorney-general; James Otis,, Jr., of Boston, the great patriot; and William Cushing of Pownalboro, afterward chief justice, 1777, and judge of the Supreme Court of the United States. For the defendant were William -Parker of Portsmouth, N. H., afterward judge of admiralty and of the Supreme Court of New Hampshire; Daniel Farnham of Newbury, and David Sewall of York, afterward judge of the Supreme Court, I777 and the first judge of the United States District Court for Maine, I789 to 1818. Such an array of judges and attorneys was never seen in Maine before or since. The case was tried and the jury found for Donnell and judgment was entered upon their verdict. Later Jeffries brought a writ of review, as he had a right to do, and that was entered and tried at the court held in Falmouth (Portland) on the fourth Tuesday of June, 1766. A great concourse of people were present. Parson Smith says in his journal: "June 29, Sunday, the lieutenant-governor (Sir Francis Bernard), judge Oliver, Mr. Goff, Mr. Winthrop and Mr. Bowdoin at Meeting." The case was thor- oughly contested, but the jury under the instructions of the court, brought in a verdict for Donnell again. At the end of the record is the following: Immediately after entering up this judgment, be plaintiff moved for an appeal from the same unto his majesty in council. Not granted: the court being of opinion that by the royal charter an appeal does not lie in this case. In all probability the defence plead the Gooch claim and possessory rights. I 100 SPRAGUE'S JOURNAL OF MAINE HISTORY The Kennebec company were defeated in the end and gave up the contest. James Sullivan of Berwick was a law student in I766 and settled in George Town, 1767. Attorney General, I790-1807, and governor 1807-1808. He wrote a history of Maine, 1795. I quote from pages 118 and 119: "There can be no pretension that this was the true construction of the (Kennebec) Patent. But the construction by the judges was popular, and under all the circumstances very equitable and just. There is something in popular opinion which never fails to influence the tribunals of justice, in a Country: It is always more agreeable to judges to have a coincidence of public opinion for their support. In the case above the rights of the Crown were not concerned and the decision was popular." Mr. Windsor P. Daggett of Auburn, contributes the following regarding a former well known citizen of Springfield, Maine: Mr. Edwin A. Reed was born in Springfield, Maine, April 29, 1843, the son of Francis Augustus and Julia Ann Hersey Reed. In i866 he married Nellie May Woodbury, who died a number of years later, leaving him three children. In 1883 he married Angie Ford Page of Burlington, Maine. Mr. Reed spent the greater part of his life in Springfield, where he was always a public spirited citizen, and where for several years he was First Selectman. He moved to Orono in 1903. Mr. Reed attended the Congregational Church; he was a life-long Republican and a strong Roosevelt man. He was a member of the G. A. R., and a member of the Mechanics Lodge of Masons. He also held a membership in the Mt. Horeb Chapter of Masons, Mattawamkeag. He died at his residence in Orono, June 30, 1915, "one of the substantial and dependable men of the town." He is survived by his widow, and his four children: Annie Hersey Reed, Orono; Harry E. Reed, Millinocket; Carl W. Reed, East Hampton, Mass.; and Philip P. Reed, Minneapolis, Minn. lie also leaves four grandchildren, and two brothers: James A. Reed of Springfield, Maine; and Samuel Hersey Reed, Mabton, Washington. 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