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that the whole case should be appealed to the S.P.C. --
in conformity to this the Propr. of Sqm. suffered a verdict to be taken against
them without a plea, & appended to the S.P. Court.
Now it is fairly proved that no person has a right to open Gates or
Bars leading into Squam & leave them open, without being liable to
trespass -- this is the grand point on which, their whole strength
depended -- because, if the Propr of Squam are not incorporated
in a legal form, they will hereafter try again.

7th. 7m. 1829. The Superior Court commenced their sessions
at this place. Judge Norton presided. he appeared
to be as good in his office as any one that we had.
Quick of perception, skilfull in the Law, remarkable
in elucidating the different cases to the Jury in the
most clear manner.

The appeal in the case of David Coffin
heretofore mentioned, was called into view. A small
number of witnesses were examined on the side of the
Proprietors of Squam, viz Obed Clark, Benjamin Folger,
& Stephen Parker, who were altogether sufficient to prove
the fact that David opened the Gate & left it open
& that the Sheep rushed in. And as to the right
of way there could be no argument supplied that it was
a publick high way, but that it was a way liable
to be shut or opened at all times by the owners of Squam,
provided Gates or Bars were put up across the high
way, & whoever passed must open & shut them in a
careful manner. The case was argued by Timy. [TIMOTHY] Coffin
in behalf of Sqm. owner & by Kilburn Whitman for
those who are trying to improve them in opposition to the
voice of a majority of the owners. The judge gave
a very clear charge to the Jury in favour of the
Owners of Sqm. The Jury returned a verdict against
David & assessed damages $6.45. The judge was
fully reconciled as to the legality of the mode of
incorporation adopted by the Owners of Sqm.
Walter & Whitman then informed the Court that
they wished the whole subject carried to a Court of
a full bench of Judges & requested the Judge to