I Joseph Scott of Boston, [...] the County of Suffolk, and Province of the Massachusetts-Bay in New-England. Brazier, do declare, That in August 1749, some few Days after Mr. William Fletcher the Plantiff sail'd for England, being at Messi [...]. John and Richard Billings's Shop in Boston, about four or five Gentlemen being present, I heard Mr. William Vassall of Boston aforesaid, the Defendant, publickly say diverse Things reflecting of said Fletcher, particularly he said, said William Fletcher was a Rascal, a Scoundrel, a Villain, a Cheat, a cheating Fellow, a Fellow of no Honour, that he had cheated him, and he could prove it, and that he was not fit Company for any Man, and that he never did a generous Action in his Life; that he owed him for some Tickets he had won of him, and that he could not get the Money, and, as I understood him, he had a Note of said Fletcher's for the same, and that he had put it up at Publick Sale at a Clubb at Mrs. Austin's, and that no Man would give any thing for it: This Affair of the Tickets I wonder'd to hear him mention, be­cause I well remember some Time before I heard him say in Publick Company, that said Fletcher had paid him with Honour, and that he tho't himself oblig'd to declare it in all Compa [...]es where he had said to the contrary: Some Time afterwards, while the said Fletcher was in England, being again in said Vassall's Company at Mrs. Burson's opposite to the Brazen-Head, a Number of Gentlemen being present, the said Vassall, speaking of said Fletcher, said, but he was a Villain, a Scroundrel, a Knave, a Cheating Fellow, a Fellow of no Honour, a Man of bad Principles, and had cheated him out of some Money or Tickets he had won of him; upon which I said to said Vassall; ^* Major, I am surpriz'd you should reflect so upon Mr. Fletcher, for I have heard you declare at Billings 's Shop, before a Number of Gentlemen, that he had paid you that Money with Honour, and that you thought yourself oblig'd to declare it wherever you [...]: He immediately said, it was false, that he had not said so; but putting the Matter a little closer to his, he said, if he had said [...], yet the said Fletcher had not paid him the Depreciation of the [...]; I [...] if he [...] demanded any Depreciation? and to the [...] of my [...] he said he had not: And both of us at that Time being pretty warm [...] the Dispute, the Company desir'd that the Conversation might drop with respect to Mr. Fletcher, for that they were tired with Hearing these Things. The next Day meeting the said Vassall at Billings's Shop, he spoke to me [...] that what had pass'd between us the Night before might be forgot, and that we might not hold Anger with each other; I told him with all my Heart; but I thought he treated Mr. Fletcher's Character too freely: At another Time afterwards at said [...]. 2 Number of Gentlemen being present. I heard the said Vassall declare, that the said Fletcher was a Rogue, a Cheat, a Bite, a Scroundrel, and that he believ'd said Fletcher was Thousands worse than Nothing, and blamed Capt. George Ruggles for taking said Fletcher's Bill on his Brother Thomas Fletcher, for that he was afraid he should never get the Money; and that he would sell it to any Body for a consider­able Discount; but that he hoped said Fletcher would receive Money enough in England at least to pay his Debts; and further he said by way of Question, What a Villain was that Fletcher to send his Brother to Sea in an old condemned Ship which he bought to drown him in? and if it had been in his Power, I believe he would have sent the whole Family in her, if he could have got any Thing by it: [Page 8]And at another Time afterwards I heard the said Vassall say at Billings's, that Will. Fletcher was a vile Rogue, that he was not worth a Groat, and was not able to pay his Debts, a Fellow of no Honour, and not fit for Society, and that his Estate was mortagag'd, and that he had bought a Piece of Land of Mr. Allen, and it was also mortgag'd; and being at divers other Times at Mrs. Burton's, in Company with a Number of Gentlemen, I heard the said Vassall say, that the said Will. Fletcher was a vile Rogue, a Cheat, a base Fellow, a shuffling Fellow, a Fellow of no Honour, and not fit Company for any Man, and that those who kept Company with him were as bad as he; that he was not able to pay his Debts, that he owed more than he was Worth, and was not worth a Gro [...]t: All which Expressions were utter'd by him the said Vassall in the Year 1749, 1750 and 1751, and almost as often as ever I have been in said Vassall 's Company from the Time since Mr. Fletcher's Departure, untill his Return, which was very often, he has utter'd the same Ex­pressions as before-mention'd, or Words to the same Import, and further I would add, that I have been acquainted with the said Fletcher for some Years, and have dealt with him my self, and always found him to deal with Honour and Honesty: All this I declare to be Truth.

The said Joseph Scott further says, That when he heard the aforesaid Expressions at Messi [...]. Billings's Shop, the said John and Richard Billings and Mr. Joshua Rich­ardson, with others whom he cannot now recollect, were present, and when he heard the aforesaid Expressions at Mrs. Burton's, Dr. Nathaniel Perkins, and the said Joshua Richardson, with others, whom he cannot now remember, were present; and for the rest of the Expressions aforesaid, he don't remember the particular Time; and he further says, that he did not commit any of the aforesaid Expressions to Writing within six Months after he had heard them, but believes he comm [...]ed some of them to Writing within twelve Months after he had heard them; and he further adds, that he heard said Vassall say some few Days before Fletcher sail'd for England in July A. D. 1749, that he, said Fletcher, owed more than he was worth, or Words to the same Import, which occasioned him the Depon [...]nt to join with some other Persons in a Suit against said Fletcher; and I heard some of the Clubb which Vassall and myself belong'd to, say Words to the same Import, but it was after I heard said Vassall say it, and the Reason of my Arresting said Fletcher was, as well owing to [...] I heard others say as above, as what I heard Vassall say. [...]

The Deponant further [...], that he heard the said Vassall the Defendant say, some short Time after the said William Fletcher the Plantiff went to England last, in 1749, [...] he would do the said Fletcher 's Business on the other Side of the Water: This the said Vassall said at Billings's Shop in Boston, when he, and to the best of the De­pon [...]nt's Remembrance, Mr. William Merchant were present; and when he the said Vassall spake the Words aforesaid, he appeared very angry with [...] Fletcher; That the Conversation was introduc'd by said Vassall about the Notes [...] Tickets.

I Jonathan Mayhew of Boston, in the County of Suffolk, in the Province of the Massachusetts-Bay in New-England, Clerk, do Testify and Declare, That being at the House of Mr. William Vassall of Boston aforesaid, the Defendant, (which was to the best of my Remembrance in the Year 1749) the said Mr. Vassall said diverse Things concerning the Character and Conduct of Mr. William Fletcher of Boston, Merchant, who was then lately gone to Europe; particularly the said Mr. Vassall said, that the said Mr. Fletcher had sent one of his own Brothers to Sea in an old rotten, leaky, or condemn'd Vessel or Ship, with an Intention that she should be cast away or lost; whereupon one present intimating his Doubt concerning the Truth of this Fact, and speaking something in Favour of said Mr. Fletcher, the said Mr. Vas­sall declared that said Fletcher never did a generous Thing or Action in his Life; and that if said Fletcher's own Father, and every Relation he had in the World, had been on board the said Vessel or Ship he would not have scrupled to cast her away; provided he could have gotten any Thing thereby; the said Mr. Vassall did at this Time further declare, what was the said Mr. Fletcher's End and Design in casting the said Vessel away, which to the best of my Remembrance was this, that said Mr. Fletcher might get his Brother's (the Master's) Share of some Money that was likely to come to his Father's Heirs, or the Family: When the Things above-mentioned were spoken there were about six or seven Persons present. I do moreover testify and declare, that being another Time afterwards at the House of Mr. Vassall's abovesaid, he again took Occasion to speak concerning the said Mr. Fletcher, and there being at this Time a Report newly come to Boston to this Purport, That said Fletcher was like to get little or nothing of the Prize-Money, after which he was supposed to be then gone to England, the said Mr. Vassall declared, that he hoped or wished with all his Heart that this might be true; nevertheless the said Mr. Vassall did immediately add, that he hoped said Mr. Fletcher would get enough to pay his Debts, and that if he did so, this must be a very large Sum, because the said Fletcher when he went away was not able to pay his Debts, and that he ow'd more than he was worth, that he was not worth a Groat, or that he was Thousands worse than Nothing; however said Mr. Vassall did at the same Time express some Compassion to said Mr. Fletcher's Wife and Children, and said that he should be sorry if they were reduced to Want and Suffering, but that he should be glad to see said Fletcher himself a Beggar, nothing being too bad for such a Man; when these Things here mention'd were spoken, there was at least [...] Person present besides said Mr. Vassall and my self. I do further Testify and Declare, that being another Time afterwards, at the House of said Mr. Vassall, he spake diverse Things concerning Mr. Fletcher abovesaid, which Things I do not very particularly remember, only in general, that he told two long Stories concerning said Fletcher's abusing him the said Mr. Vassall, one of which Stories related to some Notes of Hand put into his Mr. Vassall 's Possession, which were to be again delivered up by him, in Conformity to the Settlement of some Disputes at that Time subsisting betwixt said Mr. Fletcher and one Mr. Hall; which Trust said Mr. Vassall declared he had dis­charg'd with the utmost Caution and Fidelity; ^* but that the said Fletcher was dissatis­fy'd with his Conduct in this Affair, and treated him in a very injurious Manner, for that Reason. The other Story related to a Number of Lottery Tickets, which, as the said Mr. Vassall declar'd, said Fletcher was to have paid him for in a short Time, but had for a long while unjustly refus'd or delay'd to do it; which last Narrative said Mr. Vassall gave as an Argument of said Mr. Fletcher's Unfairness and Dishonesty [Page 10]in his Dealings, and as a Specimen thereof: When the Things here related were spoken, there was at least one Person present besides said Mr. Vassall and my self. I do further Testify and Declare, that I have diverse Times, [...] before and after Mr. Fletcher went to England, as above-mention'd, heard said Mr. Vassall speak of said Mr. Fletcher as being a great Rogue, a Scoundrel, a Villian, a Rascal, a tricking shuffling Fellow, a base ungrateful Fellow, a Fellow of no Honour or Honesty, all which Expressions I have, to the best of my Remembrance, heard said Mr. Vassall in Company use concerning said Mr. Fletcher, but not having taken Pains from the first to charge my Memory with Things of this Nature, nor expecting to be called upon as a Witness to them, I cannot at present declare any Thing more particularly con­cerning them. I do further declare, that I have heard the abovesaid Mr. Vassall say, he had offer'd a Note of Hand, ^* which he had of said Mr. Fletcher's, to sale in publick Company for considerable less than the Note was given for, but that Mr. Fletcher's Credit run so low, that no Body would purchase it.

N. B. At the first Time alluded to in the Testimony above, there were present the Rev'd Dr. Miller, Mr. Belcher Hancock, Dr. Nathaniel Perkins, Mr. Samuel Holbrook, Mr. Joshua Richardson and Mr. Joseph Royall: At the second Time alluded to, was present Mr. Joseph Royall: At the third Time alluded to there was present Jeremiah Gridley, Esq

I do further Testify, that I have heard said Mr. Vassall declare, that the said Mr. Fletcher had cheated or design'd to Cheat the Bottomers of one of his Vessels, which Vessel, as I understood Mr. Vassall, was actually cast away or lost, as said Fletcher design'd she should be.

N. B. This Testimony was committed to Writing towards the latter end of February 1752, and not before.

EBenezer Miller of Braintree, D. D. testifieth and saith, That he being at the House of Mr. William Vassall in Boston, a considerable Time ago, as he the Deponent thinks several Years ago, there then happen'd to be some Discourse about Mr. William Fletcher, and that said Mr. Vassall did utter some Words reflecting upon the Reputation and Circumstances of the said William Fletcher, but what they were the Deponent remembreth not, save that the said William Vassall said, that the said Wil­liam Fletcher sent an old defective Vessel to Sea, which was not able or not likely to perform the Voyage, or Words to that Effect, in which he sent or suffer'd to go his Brother; the Deponent saying it was impossible he should do so if he knew the Vessel to be in so bad a Condition; some Persons replied, that he must know it, for that such a Person's Conscience (naming the Person) would not let him send her to Sea any longer; which Words the Deponent thinks said Mr. Vassall laughingly re­peated; to the best of the Deponent's Remembrance there were present Dr. Mayhew, Dr. Perkins, Mr. Joshua Richardson, and Mr. Joseph Royall, and further saith not the Deponent.

BElcher Hancock, of lawful Age, testifies, That he has heard Mr. William Vassall say, that Mr. William Fletcher would be in difficult Circumstances, provided he did not recover a Share of the Prize that belong'd to the Family, and likewise that Mr. Fletcher was instrumental of his Brother's going to Sea in a Vessel that was unfit for the Voyage: This the Deponent believes was said before Doctor Miller, Doctor Mayhew, and others in Mr. Vassall's own House in the l [...]tter End of the Year 1749.

JOseph Royall of lawful Age, testifieth and faith, That sometime after Mr. William Fletcher sail'd for London, he was in Company with the Rev'd Doctor Miller, Doctor Mayhew, and others, at Mr. William Vassall's House, the said Vassall being present, and upon some Discourse had by the Company concerning the said Mr. Fletcher, the Deponent saith, that to the best of his Remembrance he heard the said Mr. Vassall say, that Fletcher had sent an old Vessel to Sea that had been condemn'd, with his Brother in her, and that his Brother was drowned in her; upon which some of the Company asked, What sort of a Vessel she was? To which said Vassall said, Such a Vessel as Edmond Quincy would not venture, or would refuse to send to Sea, or Words to that Effect; and that he the Deponent has often in diverse Places and at diverse Times heard the said Vassall say, that the said Fletcher was a damn'd Ras­cal, Scoundrel, Villain, a Rogue, a Fellow of no Honour, and such sort of Language, and that in some Tickets they were concern'd in together he had treated him like a damn'd Rascal, and had wrong'd and cheated him in 'em; and that he has heard the said Vassall say something concerning the said Fletcher's bottoming a Vessel or Vessels, the Particulars of which he can't remember, but apprehends the same bore hard on Mr. Fletcher's Character, and further saith not. Joseph Royall.

JOshua Richardson of Boston, of lawful Age, testifies and says, That he being at the House of Mr. William Vassall in Boston, in Company with the Rev'd Dr. Miller, Dr. Mayhew, Mr. Hancock, and Mr. Joseph Royall, he heard said Vassall say, That he, meaning Mr. William Fletcher, as this Deponent appre­hended, had bought an old Ship or Vessel that was so bad that Mr. Quincy would not send her to Sea, and had sent his Brother in her, and that he was lost or drowned; upon which some Gentleman in Company said, that he tho't Mr. Fletcher was a different sort of a Man, or a better sort of a Man: And further this Deponent says, That he has heard Mr. Vassall say diverse Times, that Mr. Fletcher owed him Money for Lottery Tickets, and that he had deceived him, and wrong'd him by delaying Payment so long that he had lost Considerable of his Debt by ^* Depreciation of the Money; and further, that he has heard said Vassall say, That Mr. Fletcher's [Page 12]House was mortgag'd, or that the Deed of it was not in his Possession, or Words to that Effect; and this Deponent further declares, that being at Messi [...]. Billings's Shop, in Company with Mr. Vassall and some other Gentlemen, about which Time a Vessel arrived from London, and soon after her Arrival, there was a Report that Mr. Fletcher's Claim for Prize Money was like to be rejected, or if admitted, he would have but a small Share, upon which Reports being mentioned, some Gentlemen said, that it had cost Mr. Fletcher a great deal of Money in pursuing the Affair, and that if he should finally fail in it, that it would effect his Circumstances very much; upon which Mr Vassall said, that tho' there had been a Difference between Mr. Fletcher and him, and that he tho't Mr. Fletcher had used him very ill, yet he should be sorry to see him and his Family ruin'd; and that he tho't he had as good a Right to a Share in the Price as any of the Vessels that was concern'd in taking of her, in Proportion to her Men and Guns, or Words to that Effect.

HArrison Gray of Boston, Merchant, Testifieth and Declares, That sometime in the Fall of the Year 1749, he was at Mr. Billings's Shop when Mr. Joshua Richardson came in about Four o'Clock in the Afternoon, and inform'd him, That he had just come from Mr. William Vassall's, where he had din'd in Company with Dr. Miller, Mr. Hancock, Mr. Mayhew, and some others, whom the Deponent doth not now remember, and that he was very much pleas'd with the Conduct of Mr. May­hew; I ask'd him, in what Respect? The said Richardson answer'd, that the Major, meaning Mr. Vassall, had said several severe Things to the Prejudice of Mr. Fletcher, viz. That he had taken Money upon the Bottom of an old Brigantine for more than she was worth, and cast her away on Purpose; that he had purchas'd an old Ship that had been Condemn'd, and put his Brother in Master, with a Design to drown him; and the said Richardson told the Deponent [...]any other Things, that the said Vassall that Afternoon said to the Prejudice of Mr. Fletcher's Character, but the Particulars, at so great a Distance of Time, the Deponent cannot pretend to charge his Memory with: Mr. Richardson said, ^* That upon hearing such heavy Charges against Mr. Fletcher, Dr. Miller reply'd, that he did not take Mr. Fletcher to be such a Man, or Words to that Effect, and that Mr. Mayhew oppos'd Mr. Vassall with some considerable Warmth, and said, that Mr. Fletcher was his Friend, and that it was not generous to use a Gentleman so behind his Back, and that he was certain Mr. Fletcher was a Man of contrary Character, and that he had Reason from the long Acquaintance he had with him, to esteem him as a Gentleman of Generosity, and as free from the Crime of Covetousness as any Gentleman he was acquainted with, without Exception, or Words of a similar Nature: The Deponent further faith, That in a Day or two after the foregoing Conversation with Mr. Richardson, he was in Company with Mr. Mayhew, when he with Pleasure inform'd him of what Mr. Richardson had said in his Favour, who said he was oblig'd to Mr. Richard­son, and that he tho't he could do no otherwise than he did, when he found Mr. Fletcher's Character so attack'd; and that he tho't it was wrong to treat the [Page 13]Character of an absent Gentleman with so much Freedom; but the Deponent well re­members that Mr. Mayhew declin'd giving a particular Account of the Conversation at Mr. Vassall's Table; and that he the said Mr. Mayhew, either then, or a few Days after, told the Deponent, to the best of the Deponent's Memory, that he had never divulg'd that Conversation to any Person breathing. The Deponent further declares; That sometime after this he was at Mr. Fletcher's House in the Evening, in Company with Mrs. Fletcher, who seem'd to be very much dispirited, upon which he ask'd her, What made her so dull? She reply'd, that her Husband's Character suffering so much by the Means of Mr. Vassall, was enough to make her dull, and that she could not reconcile it how Mr. Mayhew, consistant with his Pretentions of Friendship to her Husband, should be so intimate with Mr. Vassall, who took all Op­portunities to expose her said Husband's Character; upon which the Deponent in­form'd her of the above-mention'd Conversation he had with Mr. Richardson, which gave her considerable Satisfaction to find that she had been mistaken in regard to Mr Mayhew; the Deponent further declares, he has once or twice since been in Com­pany with Mr. Richardson, and that he the said Richardson saith, he doth not re­member his ever having such Conversation as is mention'd above, with the Deponent; but the Deponent, altho' he can't pretend to remember every particular Expression, has a perfect Remembrance of the Substance of what pass'd between them.

I Hugh McDaniel of Boston, Rope-maker, testify and say, That on or about the last of June, 1749. Mr. William Fletcher the Plantiff took his Passage on board of Capt. Fones for England, and as there was an Account between said Fletcher and myself, he sent for me to settle, wherein the Ballance was in my Favour Nineteen Hundred Pounds old Tenor, Seven Hundred Pounds of said Ballance he paid me down in Cash, and his Note of Hand for Eleven Hundred Pounds more to be paid in six Months, without Interest, and do solemnly declare, I look'd on said Fletcher's Note at that Time to be as good as any Merchant's in Boston; but about a Month after said Fletcher's Departure from hence, I heard Mr. William Vassall the Defendant declare on the Exchange, that said Fletcher the Plantiff was a damn'd Scoundrel, and was not worth a Great, and that he would never came back again: Hearing this on 'Change, I thought to secure myself in the best Manner I could; accordingly as there was a Ship then bound for England. I drew a Bill on said Fletcher for a Hundred Pounds Sterling; but the Bill coming to his Hand two Months before it was due, sent it back again, and order'd his Brother to pay me, and I do declare I was paid with Honour, and further saith not.

THomas Gray of Boston, Merchant, upon Oath, testifies and declares, That some Time ago Mr. Mal [...]chy Salter and he [...] Mr. John Dea [...]'s lower Store. [...] [Page 14] Fletcher, the Plantiff, and that he the said Fletcher read to said Salter, a Writ said Fletcher had got prepar'd, to be serv'd upon Mr. Vassall, for a considerable Sum, as Damages for defaming his Character, upon which said Deponent told Mr. Salter 'twould be a kind Part in him to inform Mr. Vassall of it, and while said Salter and the Deponent were together, Mr. Vassall the Defendant came by, and was stopt by Mr. Salter, who acquainted him with the Affair; Mr. Vassall said, it was no News to him, that he had been some Days past expecting the Writ to be served on him, and had appear'd daily upon 'Change, that whenever it was serv'd, he would not get Bail but go to Goal, for he said nothing but what he could prove; the said Vas­sall then call'd Mr. Fletcher several hard Names, whether Rascal or Villain, the said Deponent can't determine, but is pretty certain 'twas one, if not both, and other Words to the like purpose, and said, he would declare the same in open Court; Mr. Vassall afterwards said he understood from some Friends, that Mr. Fletcher had charg'd him with saying some Things to his Disadvantage in Regard to sending away an old Ship he had taken Money upon the Bottom of, but said Vassall said, he knew nothing about that; the said Deponent further declares, that he then imagined that the Reason of Mr. Vassall's expressing himself in such Terms was, a Difference the said Deponent had before been inform'd was subsisting between said Fletcher and Vassall, upon Account of some Notes of Hand, and further this Deponent saith not.

P. S. In the midst of the Conversation Mr. John Dennie came down and join'd the Company.

The Deponent further declares, that upon Recollection he has not the least Re­membrance of Mr. Vassall's having said any Thing about Mr. Fletcher's Cheating Mrs. Eunice Willard, nor of hearing her Name mention'd; but he withdrew and lest said Vassall, Dennie, and Salter together.

I John Catheart of lawful Age, Mariner, declare, That the latter End of March 1751, being in Black-River in Jamaica, in discoursing with Mr. William Vassall of Boston the Defendant, concerning a Brigt. I was concern'd in with Mr. William Fletcher of said Boston, the Plantiff, which was cast away, said Vassall ask'd me if she was insur'd? I told him that I had left Orders with Mr. Thomas Fletcher, who did his Brother's Business, to write his Brother William Fletcher, who was then in England, to get Four Hundred and fifty Pounds Sterling insured on my Account; that he (said Vassall) spoke very diminitively of said William Fletcher, and said he wou'd-n't give me Six Pence for it if that was the Case.

[Page 15] ISaac Freeman of lawful Age, testifieth and saith, That some Time in the Year 1751, he was at Messi [...]. John and Richard Billings's Shop in Boston, where there was sundry Gentlemen present, among whom was Mr. William Vassall the De­fendant, and that the said Vassall, then speaking of and meaning the Plantiff, said, that Will. Fletcher or Bill. Fletcher was as sorry a Scoundrel, a Villain, a Rascal and scandalous a Fellow as lived, and that he would not take said Fletcher's Word for a Farthing, and he did not believe he was worth a Groat, and that he (said Vassall) said, he once had a Note of said Fletcher's, which he said he offer'd to sell at Vendue before a Number of Gentlemen, and no body would give any-thing for it; and fur­ther, that the said Vassall repeated the Words about the said Fletcher's being a Villain, a Rascal, a scandalous Fellow, and many other Words to the same Effect several Times, very much to the Prejudice of the said Fletcher; upon which the Deponent said, he had often dealt largely with Mr. Fletcher and had always found him a Man of Honour, and thought it was Pity but some of Mr. Fletcher's Friends should let him know what the said Vassall said of him said Fletcher, to which the said Vassall replied, with all his Heart, he should be glad of it for he could prove it, he would say the same to his Face. And the Deponent further saith, that he was Master of the Ship Sophia the Voyage before she went in said Fletcher's Employ, and that after said Fletcher purchased the said Ship, he the said Fletcher would have had this Deponent go the Voyage to Jamaica and the Bay in said Vessel, and that this Deponent should have been willing to have gone in her the same Voyage the said Fletcher's Brother went when he was drowned, had he not at that Time been engag'd in other Persons Employ, and further the Deponent saith not.

I Joseph Jackson testify and say, That sometime in the Year 1749, I was in Messi [...] John and Richard Billings's Shop, and Mr. William Vassall the Defendant being present, that said William Vassall express'd himself to this Purport, that Mr. William Fletcher was not able to pay his Debts, and that the said William Fletcher sent a Ship to Sea that was not fit to proceed a Voyage; and that said William Fletcher sent a Ship that was lost with a Design to defraud some Gentlemen that was concern'd; and further adds, that from the Report spread by said William Vassall, sometime after William Fletcher sail'd for England, I look'd upon the Money which said Fletcher owed me to be dubious, which before he sail'd I look'd upon to be as good as any Gentleman's in Boston.

[Page 16] Mr. Billings came into Court, and being sworn, was closely examined by Mr. Fletcher, but he could not remember any Thing the said Vassall was charg'd with; at last declared, he did not remember that he ever heard Mr. Vassall say any Thing against Mr. Fletcher's Character: This surpriz'd the Audience, because it was evident that Billings's Shop was the constant Resort of Vassall and his Companions.—Three Days after this Mr. Billings came into Court, and said that Mr. Vassall's Lawyers had pro­miss'd him he should not be sworn,—that he was very much scared and flutter'd when he gave his Evidence before, and pray'd he might have Liberty to bring it in Writing; which was granted, and he produced his Evidence in Writing, upon which he received a severe Reprimand from the Court for his former Beha­viour, and the Court told him, That notwithstanding his present Evidence, they were still surprized at it.—His Evidence is as followeth.

JOhn Billings testifies and declares, That being in Company with Mr. Vassall, the Defendant, he has heard him frequently say, That Mr. William Fletcher the Plantiff, was a Rogue, Rascal, Villain, and such like Names, and that he had cheated him in Regard to some Tickets between them, and further saith not.— This was said while the said Fletcher was in England.

N. B. The following Evidences were summon'd by Mr. Vassall to fish out (as it was term'd) some-thing against Fletcher: After which they were interrogated by Mr. Fletcher, viz.

THomas Cushing of Boston, Merchant, of lawful Age, testifieth, That about a Fortnight or three Weeks before Mr. William Fletcher's Departure for Lon­don, he the Deponent being in Company with Mr. William Vassall, and others, at Messi [...]. John and Richard Billings's Shop, heard Mr. Vassall with some Warmth utter divers Expressions concerning Mr. Fletcher, tending greatly to hurt his Charac­ter and Reputation; particularly, That the said Fletcher was a Man of no Honour, and that he would not trust said Fletcher for a Groat: The Deponent further says, sometime near Mr. Fletcher's Departure for London, he heard it hinted as if Mr. Fletcher was in low Circumstances, about which Time he the Deponent was bound for Mr. Fletcher to Edward Bromfield, Esq as Trustee to the Hon. James Allen, and Andrew Oliver, Esqrs for about the Sum of Two Hundred Pound; Ster­ling, and that he should have endeavour'd to have secured himself with Respect to the same, had he not apprehended the above-mention'd Hints or Reports were ground­less, and arose from Mr. Vassall's talking very freely concerning said Fletcher; of which he was inform'd by Capt. John Billings, who often told him the Deponent, up­on his going into said Billings 's Shop, that said Vassall had been saying of Mr. Fletcher every Thing that was had, and that tended to hurt said Fletcher's Credit.

JOhn Dennie of lawful Age, Testifies and says, Some short Time after Mr. William Fletcher the Plantiff, returned from London, which was in J [...]ne A. D. 1751, a certain Person mention'd to Mr. William Vassall the Defendant, that he understood that said Fletcher design'd to sue or to take him with a single Writ, for defaming him the said Fletcher; upon which the said Mr. Vassall asked the Person, What he heard Mr. Fletcher had charg'd him with? Upon which the Person told said Vassall, he charg'd him with calling him a Rogue, a Rascal, a Villain, a Cheat; up­on which the said Vassall reply'd, if that is all he charges me with, of calling him a Rogue, a Rascal, a Villain, a Cheat, I own I did, and will go into Court, and own or prove it, for he cheated poor Eunice Willard [...] of a £. 1000 or £. 1500, he took up of her upon the Bottom of a [...], and further this Deponent saith not.

I William Dennie of Boston, Merchant, declare, That sometime in the Year 1749, I had an Accompt open with Mr. William Fletcher, the Ballance of which due to me was between fourteen and fifteen Hundred Pounds old Tenor; that sometime before he went for London I waited on him, requesting the Payment of said Ballance, when we came to this Agreement, that in his Absence the Money should be paid by his Brother Mr. Thomas Fletcher, and in the mean Time Security given, which was ac­cordingly done to my Satisfaction, and am pretty sure that the giving Security was said Fletcher's own voluntary Offer; that sometime after the said Fletcher's Departure for London, said Ballance was with Honour paid me by his Brother Mr. Thomas Fletcher, and I think with Interest; that I have heard Mr. William Vassall more than once, when speaking of Mr. William Fletcher, say, that he was a Rascal, and Scoundrel, &c.

BEnjamin Parker of Boston, Merchant, of lawful Age, testifieth and saith, That in the Month of July 1749, he, together with Mr. Le [...]nard Jarvis, bought of Mr. William Fletcher sundry Setts of Bills of Exchange drawn by said Mr. Fletcher on himself, or in his Absence on Nathaniel Paice, Esq of London, to the Value of five Hundred Pounds Sterling, that at the Time of their buying said B [...] they heard Mr. Fe [...]wick had bought Bills of Mr. Fletcher, to the Amount of four or five Hundred Pounds Sterling; that soon after their purchasing said Bills they heard of Mr. Deblois buying Bills also of Mr. Fletcher, to the Amount of Eight Hundred Pounds Sterling; upon hearing of these Drafts they were uneasy about the Payment of their Bills, and acquainted Mr. Fletcher with their Uneasiness; who reply'd, the Bills would be paid, for that he expected to have Effects in London, from the Pro­ceeds of a Vessel he had sent to Carolina, sufficient to discharge said Bills; but as this was not in our Apprehensions sufficient to remove our Uneasiness, it was agreed on between the said Mr. Jarvis and the Deponent, to take such Measures for the Secu­rity of the Money they had paid for said Bills, as they should, upon Consultations with some Gentlemen of the Law, be advis'd to; that some short Time after this the Deponent went to England, that on his Arrival in London, he was acquainted [Page 18] that Part of the said Mr. Fletcher 's Bills were paid, and that the Remainder as they became due were honourably paid, and further this Deponent saith not.

LEonard Jarvis, of lawful Age, testifies and says, That sometime before Mr. Wil­liam Fletcher went to London, he this Deponent, together with Mr. Benjamin Parker, agreed with said Fletcher for Bills of Exchange to be drawn on himself, or in his Absence on Nathaniel Paice, Esq for five Hundred Pounds Sterling; that sometime after they had paid him considerable Part of the Money for said Bills, they grew very uneasy at some Conversations they had heard relating to Mr. Fletcher's Circumstances; whereupon this Deponent and Benjamin Parker hinted the same to Mr. Fletcher, who mention'd some Methods he had taken to lodge Monies in Eng­land, which gave them Satisfaction; but in two or three Days, according to this De­ponent's best Remembrance, after he had received Mr. Fletcher's Drafts, he was in­form'd that Messi [...]. Gilbert and Lewis Deblois had Bills of Mr. Fletcher's for Eight Hundred Pounds Sterling, which alarm'd him in such a Manner that he made the best Enquiries he could, and of Persons who he thought could best inform him of Mr. Fletcher's Affairs; which Enquiries encreas'd his Uneasiness: Upon which he agreed with his Friend Mr. Parker to take all prudent Precautions both in London, where Mr. Parker was bound, and in New-England; and sometime after, this Deponent advising with a Gentleman of known Character in the Law, took out Writs and at­tach'd Mr. Fletcher's House in Town, and his Farm at Cambridge; ^* but upon exa­mining the Records for the County of Suffolk, and by Enquiries made by Mr. Sheriff Fester in Middlesex, he found there were no Deeds of either upon Record: This Deponent further says, The Bills of Mr. Fletcher 's were honourably paid. These Drafts of ours were made the 21 ^•t of July, 1749.

I Samuel Champny do declare, That in the Year 1747 I sold Mr. William Fletcher the Farm he now owns in C [...]bridge, for Three Thousand Pounds, and took his Bond for the same in 1748, at which Time I gave the said Fletcher a Deed for the same; that before he went to England he paid between fifteen and sixteen Hundred Pounds, as I called for it, and to my Satisfaction; and that since that the said Fletcher hath paid me about five Hundred Pounds more, and has told me several Times since, that I might have the Remainder whenever I pleased to demand it: Further, I declare, That about a Fortnight past Mr. William Vassall of Boston came to me at my House in Cambridge, and told me, he was inform'd Mr. William Fletcher ow'd me, and ask'd me, What Security I had for it, and if I had a Mortgage for it? I told him I had not; then he ask'd me whether I had a single Bond for it? I told him I had a Bond, and was very easy about it, for Mr. Fletcher always let me [Page 19]have Money whenever I wanted it, and told me that I might have a Thousand Pounds at any Time, if I would give him Notice a Week or ten Days, or a Fortnight at the cut-side, before-hand: Then the said Vassall ask'd me, whether I hadn't taken up Goods of said Fletcher upon that Account, for fear I shou'dn't get my Money? I told him I had not, and that the Goods I had were quite upon another Footing; and further I told him that said Fletcher had always dealt generously and honourably with me.

THomas Hubbard, Esq of lawful Age, testifies and says, That in the Month of July 1749, Mr. William Fletcher bought of him a Snow and her Cargo of Luraber, for which he was to give him £. 11,544, and propos'd to pay him in the following Manner, viz. £. 900 Sterling by the first of April 1750, and the Remainder by a Draft on his Brother Thomas Fletcher, payable in a short Time, which he did accordingly; and for Security of the Payment of the £. 900 Sterling he propos'd to hypothecate the Vessel, to which I objected, as that would be attend­ed with Trouble and Cost, and without an Insurance would be a slender Security; a little Time after this Mr. Fletcher met me on the Exchange, and told me, if it was agreeable to me, he would instead of hypothecating the Vessel for Security, give me a Deed of Mortgage of his Mansion-House at the westerly Part of the Town, which he said was free from any kind of Incumbrance, but should be glad it might not be put upon Record, at least for a Time, to which readily agreed; accordingly on the 24th of July he brought me his promissary Note of Hand for £. 900 Sterling, pay­able the first of April 1750, and a Mortgage-Deed for his House duly executed, and I gave him a Bill of Sale for Vessel and Carge according to Promise; I also then a­greed with him, that in Case he should not succed in the Business he was then bound to London upon, I would not protest his Bills in three Months after the Expiration of the Time therein limited for their Payment, and gave Orders to my Friends not to protest them till they had Orders from me to do it; but hearing in the Fall of the Year 1750, that Mr. Fletcher's Affairs in England were delay'd from Time to Time, and in case of Mortality of either Side, there might some Difficulty a [...]s by my Deed's not being on Record, I did on the 10th of December 1750, and not before, offer it to the Register of Deeds for the County of Suffolk, desiring him to enter it himself, and not let any Body know it if he could conveniently help it, apprehending it was not prudent in me to keep it by me without it's being on Record, which was the Reason of my acting as I did. £. 700, Part of the £. 900, was paid me in March 1751, by Mr. Fletcher himself to my Order in London, the other £ 200 remains unpaid.

I Thomas Fletcher of Boston, declare, That in October 1746, I entered into my Brother William Fletcher's Business in the Warehouse, and wrote for him, and continued in his said Business from that Time untill July 1751, during which Time I never knew any Thing transacted in his Business but what was agreeable to Justice; but in a very short Time after he was gone for England, in the Year 1749. I was surpriz'd to hear a Number of bad Reports spread abroad concerning him, such as these, that he was a bad Man, that his Circumstances were bad, and the like, all [Page 21]which gave me a great deal of Uneasiness and Trouble, as I was left to transact his Business in his absence; that soon after these Reports were spread abroad, diverse Persons with whom my Brother [...] Dealings, came to me and press'd me very much for the Demands they had against my Brother, which put me to uncommon Inconveniencies to [...] their Demands; and in the Year 17 [...], Isaac Hatch and Samuel Tilden, to wh [...]n my Brother was indebted about £. 4000 old Tenor, [...] him for the same, and attac'd [...] Effects in my Hands for Security; the former of which told me, be did not want the Money, provided I would give him Security; and further, at the Request of my said Brother, I have lately examined his Books and Papers, and how his Affairs stood at the Time of going to England in the Year 1749, and find by the best Computation that I can make, that after all the Demands that any Person had against him at that Time, he had a Ballance in his Favour of about Five Thousand Pounds old Tenor, exlusive of his Real Estate in Boston and at Cambridge *E [...]i [...]ed between [...].

N. B. The following Witnesses were produced by Mr. Fletcher, to support his Character, and to prove what special Damages he had suffer'd by Means of Mr. Vassall's injurious Treatment.

EDmund Quincy, of lawful Age, Testifies and Declares, That at sundry Times be­tween the latter Part of November 1750, and October 1752, he receiv'd sundry Letters from Messi [...], Thomas and Adrian Hope, Merchants in Amsterdam, re­specting a considerable Sum of Money which Mr. William Fletcher of Boston ow'd the said Hopes; that in the first of said Letters, dated August 4. 1750. ^† the said Messi [...]. Hopes inclos'd an Account of what Mr. Fletcher ow'd them, with a Power [Page 22]of Attorney, and Directions to the said Deponent and Son, to prosecute their De­mand against said Fletcher, in same Letter acquainting the said Deponent, that they apprehended they were in Danger of Suffering, by their having given said Fletcher a Credit of upwards of Two Thousand Pounds Sterling, and urging us to obtain Se­curity for the same by some Means or other; that soon after receipt of the above­mention'd Letter, the said Deponent receiv'd another dated August 10th, with Du­plicate of said Account and Power, in which Letter the said Mess [...] Hopes repeat their Request, that we would procure them here Payment of said Debt, or Security for the same, adding, that they had receiv'd nothing from Mr. Fletcher but Excuses for his non-Complaince with their Demand made in London ^*; but in their next Letter of August 14th, they advise the said Deponent, that since their last Mr. Fletcher had given them so satisfactory an Answer to their Demand, that they desire their Power against him might not be carried into Execution, and very particu­larly caution'd the said Deponent and Son against any Hint of the same; that in their next Letter of October 13th, the said Mess [...]. Hopes urge the said Deponent and Son to prosecute their Demand against Mr. Fletcher, as the Proposals made were not comply'd with; that in their next of March 4th, in Answer to one they had receiv'd from the said Deponent and Son, they write, they were much pleas'd with the said Deponent and Son, their having procur'd Security of Sixteen Hundred Pounds Sterling Value in Goods, which Mr. Thomas Fletcher had assign'd them, for Ac­count of said Hopes, in Behalt of his Brother Mr. William Fletcher, by an Instru­ment under his Hand, and were to remain where they, were deposited, till Advice arrived from Mess [...]. Hopes that their Demand was satisfy'd; that in their next Let­ter of July 31st. 1751, they advise said Deponent and Son, that Mr. Fletcher had paid them in London, Eight Hundred Pounds Sterling, part of his Debt, and that they esteem'd themselves very happy that the Sixteen Hundred Pounds Security in Goods would prove sufficient to answer their Demand, and that as they had Mr. Fletcher's Bond for the Sixteen Hundred Pounds, then remaining due, they would forward an authenticated Copy of the same, in order to prosecute their Demand in the Law, and in same Letter gave Liberty to deliver up said Security of Goods, for any other which might be esteemed Equivalent, least the Detention of the Goods might be detrimental to Mr. Fletcher; that in their next Letter of August 20th, 1751, Mess [...]. Hopes write, that their said Demand remain'd unsatisfied, but in same Letter say, they were advis'd that Mr. Fletcher's Affairs began to wear a better Aspect than they had done, on the Prospect of a considerable additional Sum of Prize Money; that in sundry following Letters, Messi [...]. Hopes make mention of Mr. Fletcher's Affairs, but seemingly in general with less Concern, till their Letter of May 19th, 1752, in which they advise of his having paid them the full of their Demand: The said Deponent further Testifies, That he had dealt with Mr. Fletcher some Years before his going for London, in all which he had no Reason to suspect his Hones [...]y or Honour, and particularly, about six Months before his Departure, he was in so good Credit with the said Deponent, that he took the said Fletcher's single Note of Hand for about there Thousand Pounds, old Tenor, due to him from another Person, whom the said Deponent discharg'd upon Receipt of said Note, which Note he paid about a quarter Part before his Departure, and the Remainder by his Brother after­wards; [Page 23]and the Deponent further [...]ch, that the principal D [...] when the said Mr. Fletcher ow'd said Mess [...]. Hopes, was per their Account contracted the 29th of J [...]ne 1750; and the said Deponent further saith not.

SAmuel Tilden of Mars [...]ld, in the County of Plymouth, Yeoman, being of lawful Age, Testifieth and saith, That in the Fall of the Year 1750, he settled Accounts with Mr. Thomas Fletcher of Boston, Merchant, on Account of his Brother Mr. William Fletcher, then gone for England, and the Ballance due to him the said Til­den and the other Owners, was about Fifteen Hundred Pounds old Tenor, for which Sum the said Thomas gave his Notes of Hand on Behalf of said William; and that about eight or ten Months afterwards, as near as he can now recollect, it being at the House of Mr. Isaac Hatch at Pembroke, who had lately come from Boston, the Deponent having sometime before heard from Israel Hatch, that Mr Fletcher's House was mortgag'd; he thereupon made Enquiry about it of Mr. Isaac Hatch, who acquainted him, that he was inform'd in Boston by Deacon Hill, that Mr. Fletcher's House was mortgag'd, and that he the said Fletcher would never return back again to this Country; *See Mr Hatch Evidence as [...]. whereupon this Deponent became somewhat uneasy about his Money, and having been inform'd by Mr. Hatch, that Mr. Fletcher was in his Debt, this Deponent ask'd him, whether he intended to sue Mr. Fletcher? who answered, that he could not tell, whether he should sue him or not; but this Deponent observing that Mr. Hatch did not incline to speak freely about that Mat­ter, he apprehended that the said Hatch was jealous, that the Deponent would get Security for his Money before him, whereupon he the Deponent, by the first Opportunity that presented, sent a single Writ against the said Thomas Fletcher, for about Seven Hundred and Fifty Pounds (being what was due to him by promissary Note of Hand) and thereupon he got Security for his Money; and this Deponent farther declared, th [...] if it had not been for these Reports which he heard, he should not have sued for his Money.

THomas Hill, of Boston, Distiller, of full Age, Testifies and says, That some Time in the Year 1750, he met with Mr. Isaac Hatch, jun. on the Deponent's Whart, and Mr. Hatch told him, Mr. William Fletcher owed him a Sum of Money, and that he (said Hatch) was a going to sue him; upon which I the De­ponent made Answer, that he need not do that, for that Mr. Fletcher had sent a large Quantity of Goods over to New-England; and that Mr. Fletcher was like to recover his Money in London, and that he would be over to New-England in a short Time; upon which Mr. Hatch ask'd me the Deponent, if I would be bound for said Fletcher? to which I made answer, I did not care to be bound for any Man, but if he would take Ru [...], I would pay him the Debt; but as to my saying to said Hatch, that [Page 25]Mr. Fletcher's House was under a Mortgage, and that Mr. Fletcher would never re­turn to New-England, I the Deponent, do declare, I do not remember my saying any such Thing; and verily believe I did not say any such Thing; but it must certainly be a Mistake of said Hatch 's, for I never knew that Mr. Fletcher 's House was mortgag'd, 'till I heard Mr. Speaker Hubbard 's Evidence read in this Court last Night, and never had any Reason to think be (said Fletcher) would not return; and further I the Deponent say, that having a considerable Trade with Mr. Fletcher ever since that Mr. Fletcher has been for himself, more especially from April 1749 to March 1750, when the Amount of their Account was upwards of £. 4000 old Tenor, and when he the said Fletcher settled Accounts with me, I the Deponent was in his Debt up­wards of £. 200 old Tenor, and from May 1750, to January 1752, when the Amount of the Account was upwards of £. 1000 Lawful Money, upon Settle­ment of Account, I was in his Debt, eleven Pounds Lawful Money, in all which Dealings I never found but that Mr. Fletcher was as honest and fair a Trader as any Man I the Deponent [...]ver dealt with.

JOseph Dowse, of lawful Age, testifieth and saith, That Mr. William Fletcher of Boston, Merchant, in the Year 1746, 1747, and 1748, occasionally underwrote Pollicies of Insurance in his the Deponent's Office; that the said William Fletcher as far as the Deponent could apprehend, was in good Credit and Repute; that no Person (as he knew of) made any Objections to him; that in the Time above­mention'd said Fletcher made considerable Insurance on many of his Vessels in the Deponent's Office, the Priemiums of which he discharg'd with Honour; and before his Departure to England, viz. in June 1749, he settled his Account, and paid the Deponent the Ballance; and that after that, viz. July 10th. 1749, the Deponent sold said William Fletcher Part of a Vessel, and, according to Agreement, took his own Bond, payable in Eight Months without Interest, for £. 2122 13 s. 5 d. old Tenor, and if not then paid to carry Interest; and further saith not.

The Deponent being asked, If the Bond mention'd in the Deposition was now discharg'd? answer'd, it was not: Further was ask'd, whether it had been demand­ed? Answer'd, No.

STephen Greenleaf of Boston, Merchant, of lawful Age, testifieth and saith, That for many Years last past he has dealt in a Mercantile Way with Mr. William Fletcher, to the Amount of many Thousand Pounds, and that in the whole Course of Business, he always found the said Fletcher behave in all Respects with Ho­nour and Honesty, as become a Merchant; this Deponent further saith, that sometime before Mr. Fletcher sail'd for England this Deponent sold him the said Fletcher, one half Part of a Ship for about four Thousand Pounds, and took the said Fletcher's sole Obligation for the Payment of the same, at a distant Period, being at that Time un­der no Suspicion, but that Mr Fletcher's Circumstances were very good; but that a [Page 26]few Days before the said Fletcher left New-England, this Deponent hearing in a loose and general Way, that Mr. Fletcher's Circumstances were [...]ous, thought himself oblig'd in Faithfulness to Mr. William Vernon, a Gentleman in Rhode-Island, who was partly interested with this Deponent in the said half Part of the Ship, to desire the Favour of the said Fletcher, to get some Person to be bound with him the said Fletcher for so much Money as was due to the said Fernen, but that as to his own Part of said Ship by wanted no Security, being perfectly satisfied with said Fletcher's single Bond; upon which Mr. Fletcher reply'd, that it was disagreable to him to ask any Gentleman to be bound for him, but that he would pay the Money punctually at the Time agreed on, or sooner if his Affairs in England could be soon settled; and added, that it would be agreable to him if this Deponent would advise his Correspon­dent in London, to call upon the said Fletcher for the Amount of those Bonds, and that if he could conveniently discharge them he would do it, but this Deponent never made any Demands (for his own Part, Mr. Vernon's was paid) on the said Fletcher for the same to this Day; and further saith not.

JOhn Go [...], of lawful Age, testifieth and saith, That some short Time before Mr. William Fletcher sail'd for London, he bought one fourth Part of a Ship of this Deponent, and gave his Bond for the same, payable the twenty-fifth Day of March 1752, for the Sum of Two Thousand one Hundred and fifty-eight Pounds, fifteen Shillings, in Bills of the old Tenor, and before he sail'd, he promis'd me he would pay unto Mr. Thomas Lane Merchant in London, One Hundred Pounds Sterling for my Account, being in Part of said Bond, and that if he the said Fletcher could spare it, he would make it up One Hundred and fifty Pounds Sterling, and further promised me, that he would send me any Goods that I should write to him for while in London; I accordingly wrote to Mr. Fletcher for several Things, all of which he comply'd with, not only in sending me what Goods I wrote for, but paying the Money he promis'd to pay Mr. Lane on my Account, with the Addition of the last fifty Pounds; and this Deponent further says, That for several Years before Mr. Fletcher sail'd for London, he had considerable Dealing; with him, and was concern'd with him in several Voyages, and always found him to act with strict Honour and Justice, and never heard that his Credit was the least suspected, 'till some Time after he sail'd for London; and further this Deponent saith not.

WE Gilbert and Lewis Deblois, of Boston, Braziers, declare, That in July 1749, we purchas'd three Setts of Bills of Exchange of Mr. William Fletcher of Boston, Merchant, who drew the said Bills on himself, to the Value of Eight Hundred Pounds Sterling, payable by himself at distant Periods, and that at that Time we had so good an Opinion of Mr. Fletcher's Credit and Circumstances, that if we had had Occasion of a larger Sum, we should been glad to have taken said Fletcher's Bills therefore; that soon after we purchas'd said Bills of Mr Fletcher, we heard [Page 27]that his Circumstances were bad, which gave us some Uneasiness, least are should lose the Money we had paid him for said Bills; and in order to prevent a Loss we imme­diately sent forward to London, a Power to two Gentlemen there against the said Fletcher, with Orders to secure our Interest in Case the said Bills should not meet with Honour; that notwithstanding what we had heard to the Disadvantage of said Fletcher's Circumstances, the said Bills were all punctually paid as they became due.

And that those Deponents heard three or four People say, That Mr. Fletcher's Circumstances were bad, and this was two or three Days before said Fletcher went to England, and that they never heard Mr. Vassall say any Thing of Mr. Fletcher's Circumstances, nor any Person that they know dealt with Mr. Fletcher.

I John Stevens declare and say, That in April 1749, I sail'd from Boston to the West-Indies and London, and that in October 1749, I arriv'd in London, where I met with Mr. William Fletcher of Boston, with whom I was very intimate while there, by which Means I became considerably acquainted with said Fletcher's Trade and Business in London, and that the said Fletcher was in great Credit with some of the most credible and considerable Merchants in London, particularly Mr Bonrry [...]; and that I was applied to by several Gentlemen in London, to in [...]eed with Mr. Fletcher for his Favours, by Gentlemen that were look'd upon to be Men of Worth and Reputation in Trade; I continued in [...] from October 10 ^th 'till February 10 ^th then I embark'd for Boston, where I arriv'd in April following, where to my great Surprized heard many ill Reports and bad Things said of said Fletcher, upon which I ask'd Mr. Joseph Scott concerning them, as I took him to be a particular Acquain­tance of said Fletcher's; he gave me for Answer, seemingly with Concern, that he [Page 28]really believ'd [...] all arose from what he heard Mr. Vassall say in publick Company, that said Fletcher was a Cheat, a Scoundrel, a very great Villain, had no Honour in him, sent his Brother to Sea in an old Ship on purpose to drown him, and that he bottom'd a Ship for more than she was worth, to cheat the Bottomers, and that said Fletcher wan't worth a Groat, and not able to pay his Debts, but Thousands worse than nothing; all which said Scott told me in private Conversation at my Return from London, after my hearing these ill Reports of said Fletcher; and said Scott fur­ther told me, that he had once or more Times differed with said Vassall in Vindication of said Fletcher's Character; and further saith not.

I Joseph Grant, jun'. of Boston, do declare, That I have dealt with Mr. William Fletcher of said Boston, to the Amount of Forty-one Thousand Pounds, old Tenor, within the last six Years past, in the Way of Insurance and Merchandize, and that I always found him in all his Dealings with me to be a Man of Honour, and as such, in my Apprehension, he was esteem'd by all the Gentlemen who under-wrote in my Office the same Time Mr. Fletcher did, and that whenever any Loss or Losses hap­pen'd on Pollices under-wrote by him, they were always paid off and discharg'd with Honour.

About Thirty-eight Thousand Pounds of the above, was for Premiums of Insurance wrote in my Office, within the Term of Four Years.

JOhn Tudor, of lawful Age, Testifieth, That upon looking over his Books he finds he has been constantly trading with Mr. William Fletcher, ever since the Year 1740 to 1752, and not only so, but I have several Times lent him large Sums of Money, in all which he has faithfully and generously paid me; I also find by my Books, that I have lent him several Sums of Money on the Bottom of several Vessels, from the Year 1742 to 1748, and not one of them was cast away while I was concern'd, and the Principal and Premium he always justly paid me according to Agreement; I was also concern'd with him as an Under-writer for a Number of Years in Mr. Grant's Insurance-Office, during which Time I never see any Thing to the best of my Remembrance in Mr. Fletcher which tended to baffle or defraud any Gentleman, amongst the many that met with any Loss; and as far as I could judge, from our Beginning in said Office to the End of the French War, Mr. Fletcher 's Credit and Character stood as fair as any Member's in the Office, and thro' the Course of so many Years, and so many Thousand Pounds Trade as we have had together, I never saw the least Room to suspect either his Honour or Honesty, and that at his going to England he owed this Deponent a Sum of Money, and gave him Secu­rity for it to Satisfaction.

THomas Bell, Esq of New-Castle, in the Province aforesaid, Merchant, being of lawful Age, Testifieth and Declareth, That for Twelve Years last past he hath dealt very largely with Mr. William Fletcher of Boston, in the Province of the Massachusetts-Bay, Merchant, and particularly in the Year 1748, sold him [...]hree new Vessels, viz. A Ship and two Brigantines, which amounted to upwards of £. 20,000; that in June 1749, upon the said Fletcher's being bound for England, he sent and requested of me to come to Boston to settle, and when I came, he said he was very glad to see me, and likewise said, if I hadn't come, he was determin'd to come to Piscataqua to settle before he sail'd; accordingly I settled Accounts with the said Fletcher to the Value of upwards of £. 22,000, at which Time the said Fletcher, fell about £. 9,000 in my Debt, £. 8,000 whereof I took his Bond for, payable in twelve Months, which Sum the said Fletcher's Brother Mr. Thomas Fletcher, who had the Care of his Business, fully and honourably discharg'd before the same became due; and I always found the said William Fletcher, from the first of my Dealings with him to the last, a Man of Truth, of strict Honour and Honesty, and should have been glad at any Time to have trusted the said Fletcher with any Sum of Money I was capable of: The said Thomas Bell further declareth, That in the Fall of the Year 1749, I went down to Boston upon Business, and while I was in Boston, I heard to my great Surprize many bad Reports spread abroad about the said Fletcher, such as these, that he was in bad Circumstances; that all his Estate was mortgag'd; that he was not able to pay his Debts; that he never wou'd return to Boston again; and particularly I was told by sundry Persons, whose Names I do not now remember, neither do I know from whence such Reports sprang, that I was in Danger of loosing what the said Fletcher owed me, and the like; all which gave me great Uneasiness, and oblig'd me to make considerable Enquiry into the said Fletcher's Circumstances; but through the whole I never could find there was any just Grounds for such Re­ports, but on the contrary found by enquiring of Persons who dealt with the said Fletcher, and to whom the said Fletcher ow'd Money, that they had a quite different Opinion of him, and said they were not under any Apprehensions of ever suffering by him, and wou'd warrant that I shoudn't be a Farthing looser by him, the said Fletcher, and that he was a Man of Honour and Estate; but, notwithstanding these Reports gave me so much Uneasiness that I shou'd at that Time have refus'd him the said Fletcher any further Credit, and that I verily believe that these Reports I had heard very much disserv'd the said Fletcher's Credit and Interest, and further [...]aith not, excepting, that if upon Enquiry of the Persons the said Fletcher ow'd, they hadn't said what they did in his Favour, I should certainly have sued the said Fletcher.

I Robert Temple of Neddles Island, in the County of Suffolk, do declare upon Oath, That I dealt considerably with Mr. William Fletcher, and have ever found him a Man of Honour and Honesty, and when said Fletcher was going for England, he desir'd our Account might be settled, which was done, and as there was a Ballance in my Favour, he order'd his Brother to pay me; with this I was very well contented, 'till a Month after Mr. Fletcher embark'd for London, when a Friend ask'd me, if Mr. Fletcher did not go away in my Debt? if he did, says he, secure yourself, for I've heard, if all his Debts were paid, he'd not be worth a Groat; this a little sur­priz'd me, and I was determin'd to take the Ballance of my Account in whatever I could get, and accordingly went to Mr. Thomas Fletcher, who then acted for his Brother, and took the Ballance in Molasses, which Article I had no Occasion for, and per which I lost Money; but not being acquainted with Mr. Vassall, can't say I ever heard him say any Thing concerning Mr. Fletcher, neither did I know there was any Controversy between them Gentlemen, 'till after Mr. Fletcher's Return from England.

JOseph Turell, of lawful Age, declares, That almost these three Years last past he hath been employ'd in Mr. Fletcher's Business, in all which Time he never saw any Thing transacted in it, either by his Brother Mr. Thomas Fletcher, who had the Conduct of it when he was gone to England, or by said Fletcher himself after he return'd, but what was agreeable to Honour and Honesty; and that after he had been a little Time in this Emplo [...], he to his Surprize heard many bad Reports spread abroad concerning the said William Fletcher the Plantiff's Character and Cir­cumstances, which to my Knowledge has been the Means of said Fletcher 's Credit's running very low with a great many People, particularly sometime in the Summer 1751, a Person I was to pay Three Hundred Pounds old Tenor to, in Behalf of the said William Fletcher by a Bond, according to my Agreement with him, I offered him the said Fletcher 's Bond, but he utterly refus'd it, and said he would take my Bond, accordingly I gave it, and took the said Fletcher 's Word for the Payment, who honourably discharg'd the same.

DAvid Vanborne, of full Age, being duly sworn on the Holy Evangelists of Almighty GOD, declareth, That he hath for these twelve Years past been ac­quainted with Mr. William Fletcher of Boston, and hath had large Dealings with the said Fletcher, in which he the said Fletcher has at all Times conducted him­self with the strictest Integrity and Honour; and the said Vanhorne doth also declare, that he knows several Persons in New-York, that have dealt with the said Fletcher, who generally express'd the greatest Satisfaction with Mr. Fletcher's Dealings with them, and that he never knew of suspected the said Fletcher guilty of the least dishonest or dishonourable Action, and further this Deponent saith not.

GIles Brewer of Boston, Housewright, do declare, That I with Benjamin Eustis, jun [...]. Housewright, were employed by Mr. William Fletcher, of Boston, in the Year 1748 and 1749, in our Trade and Business, and that the said Fletcher dealt with us from first to last with the greatest Honour and Honesty; and upon Mr. Fletcher's going to England we carried in our Account, which amounted to upwards of Twenty-eight Hundred Pounds old Tenor, and there being a Ballance due to us, of about One Hundred Pounds old Tenor, the said Fletcher order'd his Brother to pay it, which was done with Honour, according to Agreement with said Fletcher; and further I have work'd for said Fletcher ever since, and have always found him to deal with the same Honour and Integrity as before.

WIlliam Warland of Boston, Mason, being of lawful Age, declareth, That he, to­gether with Jonathan Hill of Cambridge, were employ'd by Mr. William Flet­cher of Boston aforesaid, in their Trade, in the Years 1748 and 1749, in building his House, and declare that he dealt with the greatest Honour from first to last, and fully paid us; I likewise declare, that I have dealt with him largely since that Time to this Day, and ever found him a Man of Honour and Justice.

I John Scollay, of Boston, in the County of Suffolk, and Province of the Massachu­setts-Bay in New-England, Brazier, Testify and Declare, That I have at Times dealt with Mr. William Fletcher of said Boston, Merchant, from the Year 1738 to this Time, and I don't remember to have found any Thing in my Trade with him from first to last, but what was Fair and Honest; that when he went to England, he then ow'd me Two Hundred and Forty Pounds old Tenor, which was paid to me in his Absence by his Brother Mr. Thomas Fletcher, who I understood transacted his Affairs for him, and I don't remember my being any-ways concern'd but that he would honestly pay me the above Sum.

I Samuel Barret, of Boston, Sail-maker, declare, That I have work'd for Mr. William Fletcher of said Boston, for eight Years last past, in which Time I have made and repair'd the Sails of about Forty-five Vessels for him, for which he paid me about five Thousand Pounds old Tenor; and that the said Fletcher has always paid me with the greatest punctuallity, and from my first working for him to this Day, I have found him a Man of strict Honour and Honesty in his Dealings.

SAmuel Holland, of Boston, Ship-joiner, of lawful Age, declareth, That he hath work'd for Mr. William Fletcher of Boston aforesaid, Merchant, for nine or ten Years last past, in which Time he hath done the Joyner's Work of Thirty five Sail of Vessels for him, and that the said Fletcher hath always paid him in a handsome Manner, and from the first of h [...] Working for him to the last, hath found him a Man of strict Honour and Honesty.

JAcob Emmons of lawful Age, testifieth and saith, That he has known Mr. William Fletcher ever since he has been engag'd in Merchandize for himself, and done some Thousands of Pounds Worth of Work for said Fletcher, and always found him a just, fair and upright Man in his Dealings, always willing to pay according to Agreement, and no way inclining to Tricking or Cheating his Workmen, but as wil­ling to pay as to employ them; and further this Deponent saith, that he has been ac­quainted with almost all his other Workmen, who manifested or exprest themselves glad to work for Mr. Fletcher, and often said it was a Pity but what Mr. Fletcher should get Money, because he improv'd it for the Good of Mankind; and further, he having had peculiar Opportunity to observe his Behaviour toward them, which was always generous and Gentleman-like; and as to his private Manner of Life in some Mea­sure I have had Opportunity to observe, and never found him guilty of Calumny or Detraction, or any wise speaking Evil of his Neighbour; likewise this Deponent saith, he was acquainted with his Brother Capt. John Fletcher, and work'd on beard the Ship that he went in last, and never observ'd any Thing wanting for the Safety of him or Company, and as he was often at work on beard the said Ship, he never heard the least Suspicion advanc'd, either by the Master of said Ship, or by the Sailors or Tradesmen, that she was insufficient, or that it was in any Way unsafe to go to Sea in her; further this Deponent saith, that he, in Company with others, for a long Time has had an Affair of many Thousand Pounds Sterling depending in England, and that upon Mr. Fletcher's going for England, he apply'd to him, to request him to undertake it for him, but Mr. Fletcher refus'd it, and advis'd him to apply to some Gentleman in England, who he said was more fit to manage such Affairs than he was, but notwithstanding he should been very glad to have had said Fletcher to have un­dertaken it, as he had a very great Opinion of his Capacity and Integrity; f [...]rther this Deponent saith, that he never heard any Thing to Mr. Fletcher's Disadvantage before he fail'd for England; but that not long after he was gone, he heard i [...] nois'd about that his Circumstances were bad, and that he was ask'd in publick Company, in a way reflecting on Mr. Fletcher's Character, whether the said Fletcher was not considerable in his Debt, as he work'd very largely for him? and Hints given to this Purport, that it was apprehended Mr. Fletcher was not sufficiently able to answer all his Demands; to which he made Answer, that he believ'd Mr. Fletcher had where­with to pay every Body what he owed them; and further this Deponent saith, from the Acquaintance he had in the Family, and particularly with Mr. Thomas Fletcher; he was knowing to many Difficulties the said Mr. Thomas Fletcher was put to, in tran­sacting the said William Fletcher's Business, which he was inform'd arose from the bad Reports that had been rais'd about him; and further saith not.

DAniel Manwarring and Gibbins Sharp, both of Boston, Shipwrights, declare, That for about thirteen Years last past they have worked for Mr. William Fletcher of Boston, aforesaid, Merchant, and have done almost all the Carpenter's-Work he hath had done, during which Time we have rebuilt and fitted to Sea about fifty Sat [...] of Vessels; and do declare, that we never worked for any Man that dealt more with [Page 34]Honour and Honesty in our Lives: we have work'd for most of the Merchants in Town, and always found that his Credit was as good with almost all People, as any Man we ever dealt with; that we never carried in a Bill to him, but he was always ready to pay it, and would always let us have whatever we ask'd for, with the greatest Chearfulness, and found that we could always depend upon what he said; and he never attempted to cut us off a Penny, or make the least Dispute with us; that we never knew him to cheat, o [...] shuffle, or keep back the least Part of any Man's just Du [...] ▪ and whenever we told him of any apprehended Necessaries to be done to any Vessel, he always [...]ntreated us to do every Thing that was necessary for the Vessels Safety, and charg'd us to be careful about it, for he never desired any Man to go in a Vessel of his in which he should not have been willing to trust his own Life in, neither would we suffer a Vessel to go out of our Hands to go to Sea, without being in our Opinion sufficient; we further declare, that the Ship Mr. Fletcher 's Brother, Capt. John Fletcher, went in was a Ship strong enough to go to any Part of the World, and a good Ship, and had not some uncommon Accident happen'd to her, for would have lasted some Years we believe.