William Whately’s Chancery Suit: III. Exceptions to Franklin’s
Answer
Summary of incomplete copy: American Philosophical Society
<After April 19 and before June 28, 1774. Chancery, William
Whately plaintiff and Benjamin Franklin defendant. Exceptions taken
by the plaintiff to the defendant’s answer to his bill: That the
defendant has not set forth, according to the best of his knowledge
and belief, First, for how many years before Thomas Whately’s death a
correspondence was carried on between him and Thomas Hutchinson and
Andrew Oliver. Second, in whose custody, at the time of Thomas
Whately’s death, were the six letters from Hutchinson and the four
letters from Oliver mentioned in the bill. Third, from whom the
defendant received the ten letters, and whether they were given to
him with the knowledge or consent of the plaintiff. Fourth, whether
the defendant or any other person, and if so who, had the letters
published without the consent of the plaintiff or Hutchinson or
Oliver or any or them. Fifth, whether some or all of the letters were
addressed to Thomas Whately and whether the address was removed, and
if so when, by whom, and for what purpose. Sixth, whether the
defendant transmitted such letters to friends or agents in Boston or
elsewhere in America, and if so to whom, for the purpose of
publication or for what other purpose, and whether or not many copies
were printed there. Seventh, whether the defendant corresponded about
the letters with divers persons in Boston or elsewhere, and if so
with whom, and whether he gave instructions “concerning the produce
of them” and that they should be concealed from certain persons, and
if so from whom. Remainder missing.>
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