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"Newport, Rhode Island, United States records," images, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSR8-JK8L?view=explore : Mar 21, 2026), image 196 of 1100; . Image Group Number: 008300396
This is a record of a court case in Rhode Island in 1769. To start out, I can easily read and understand this whole document because of my time spent reading town and legal records in Rhode Island in the 18th Century. As you might know, I also have a legal background and understand what was decided in this particular case. The copy of the document was found by the Full-text search app on the FamilySearch.org website.
Here is the transcription from the FamilySearch Full-text search.
368 64 Weaver Wyatt 27 Hazard her Goddard & 32 . ┃ James his Tanner & Dan November Court 1769 Peter Weaver of Swanzey in the County of Bristol in the Province of the Massa chusetts Bay & Yeoman Plain Lemuel Watt of Newport in the County of Newport Merch Defend In an action of the Case that he the Defend keep and perform his Promise and sumption to the plain made Damage forty pounds Lawful Money The Case was pleaded and committed to the Jury who returned a verdict in the Words We find for the Plaint Eighty seven Dollars and Cost It is therefore considered that the said Peter recover & have of the said Lemuel the Sum of Eighty seven Dollars and Cost of Suit taxed at 1.17 . Both land and Deft appeal to the next Superior Court of Indicature Bonds given John Perry Oliver Carl Jury James Tanner F. Benjamin Wilbour Wilkins Treby William Holt Richard Partelo Lemuel Witherell Ezra Browned Clarke Brown & William Leckham & George BrownellThe issue here is that there are a number of mistranscriptions and the parsing or placement of the text is garbled. There is also an issue with Contextual Understanding of the text. Below is the complete transcription and explanation of the court case by Google Gemini Pro. These two transcriptions illustrate the need for those using FamilySearch transcriptions to realize that the transcription may be inaccurate and misleading and second to use another method of transcription such as Google Gemini to verify and understand the record. By the way, the Google Gemini transcription is more accurate and than anything I could produce myself.
Full Transcription
[Left Margin:] 318 64 Weaver v [?] Wyatt in
[Main Body:] November Court 1769.
Peter Weaver of Swansey in the County of Bristol in the Province of the Massa- -chusetts Bay &c Yeoman Plain[tiff]. Lemuel Wyatt of Newport in the County of Newport Merch[an]t. Defend[an]t. In an Action of the Case that he the Defend[an]t. keep and perform his Promise and As- -sumption to the Plain[tiff]. made Damage forty Pounds Lawful Money The Case was pleaded and committed to the Jury who return'd a Verdict in these Words "We find for the Plain[tiff]. Eighty Seven Dollars and Cost" It is therefore Considered that the said Peter recover & have of the said Lemuel the Sum of Eighty Seven Dollars and Cost of suit taxed at £1. 17. 4 ½ Both Plain[tiff]. and Def[endan]t. Appeal to the next Superior Court of Judicature & Bonds given
[Jury List:] Jury James Tanner Jr. [highlighted] William Holt Richard Partelo
Benjamin Wilbour Lemuel Wetherill Clarke Brown
Wilkins Treby Ezra Brownell William Peckham
John Perry Oliver Earl George Brownell
Full English Translation (Modernized Reading)
Note: As the original document is written in English, I have provided a modernized expansion of the historical abbreviations and legal shorthand to ensure clarity for research purposes.
November Court, 1769.
Peter Weaver of Swansea, in the County of Bristol, in the Province of the Massachusetts Bay, etcetera, Yeoman, Plaintiff. Lemuel Wyatt of Newport, in the County of Newport, Merchant, Defendant. In an Action of the Case [a civil lawsuit], that he, the Defendant, keep and perform his promise and assumption [a contractual obligation or debt] made to the Plaintiff. Damages [sought]: forty pounds, lawful money.
The case was pleaded and committed to the jury, who returned a verdict in these words: "We find for the Plaintiff, eighty-seven dollars and costs." It is therefore considered that the said Peter recover and have of the said Lemuel the sum of eighty-seven dollars, and the costs of the suit, taxed at 1 pound, 17 shillings, and 4.5 pence. Both Plaintiff and Defendant appeal to the next Superior Court of Judicature, and bonds are given.
Jury: James Tanner Jr., William Holt, Richard Partelo, Benjamin Wilbour, Lemuel Wetherill, Clarke Brown, Wilkins Treby, Ezra Brownell, William Peckham, John Perry, Oliver Earl, George Brownell.
Genealogical Analysis
This document is highly informative for tracing individuals in the intersecting regions of Bristol County, Massachusetts, and Newport County, Rhode Island, during the late colonial period.
Key Findings:
Primary Parties & Socioeconomic Status:
Peter Weaver (Plaintiff): Identified as a "Yeoman" (a land-owning farmer) residing in Swansea, Bristol County, Massachusetts.
Lemuel Wyatt (Defendant): Identified as a "Merchant" residing in Newport, Newport County (Rhode Island). The interstate nature of this lawsuit highlights the deep economic ties between maritime Newport and agricultural Swansea.
The Highlighted Subject: James Tanner Jr.
You have highlighted the name James Tanner Jr. in the jury list. The presence of the "Jr." suffix is a vital genealogical clue. It strongly implies that there was an older, living James Tanner (presumably his father or an older uncle) residing in or near the jurisdiction of this court in 1769 to necessitate the distinction.
Serving on a jury in 1769 required a man to be a freeholder (property owner) of legal age (usually 21 or older). This places James Tanner Jr.'s birth year at or before 1748.
Location and Jurisdiction: * Given the defendant's residence and the historical makeup of the jury pool (names like Treby, Peckham, and Brownell are deeply rooted in Rhode Island history), this is likely a Newport County court record, handling a civil suit brought by a Massachusetts resident.
Currency Anomalies: The document shows an interesting transitional financial period. Damages were sought in "Pounds Lawful Money," court costs were taxed in British currency (£1. 17s. 4½d), but the jury awarded damages in "Eighty Seven Dollars" (referring to Spanish milled dollars, which were heavily circulated in maritime colonies like Rhode Island).
