3Westfield Aug. 26. 1841.
Memoranda for Augustus Seward in regard to the wiclaim set
up by Mr McClurg
I have noted the several items
AfThe acct it appears was rendered to your father in
his lifetime and his refusal to pay it is sufficient at least
to put you on your guard against it.
1 You cannot haadmit this charge. Your father was not bound to
keep the gate in repair. You have no proof nor is it proba-
ble that he injured it or caused it to be injured. If it was
injured otherwise than by B. J. Sewards fault the loss is Mr Mc-
Clurgs. Everybody knows that it mus not cost a large sum
of money to keep a place so expensive in repair. Neither
your father nor anybody else could be required to do more
than to avoid injury or suffering unnecessary injury to be done.
2'3 The same remarks apply to the 2^d & 3^d charges.
4 You can take proof as to this charge and if you find
the injury was actually done by your fathers hand you must
allow it to be paid like all other debts of the estate.
5,6 You will take proof of these charges, see whether the
glass was broken by the tenants fault – or otherwise and

how much glass was actually taken and what was
its value. – Allow this in the same way as the other.
t7 This charge is preposterous.
8 You will ask a specification
9 You cannot allow this – it is both unreasonable
and unjust and probably very untrue.
10, 11 – Your father had nothing to do with the bee
hives nor have you any thing to do about this.
12 Take proof andif offered and if this be true and correct
as to the amount allow it take another debt.
13. I have no belief that your father ever noted Mr
McClurg's manner. You of course will not ad-
mit such a charge
14. Take the picture which you will find at Mr Stones
send it home by John with a note, telling him this
inasmuch as you find he charges your ^father^ with a picture
and this which you have found at Stones is said to
be the one you bbought but to send it to him
you will deny all liability on account of the
picture. The charge is a trumped up one – and
as absurd and ridiculous as it is unjust

15 The quote you have by his care – is a matter that
you will require proof of.
16 I understand This is a charge of 6 mos rent of dwelling
hours $137.50
Interest till now.
I understand that your father had a crop of wheat
in the ground when he was required by him ^to .^ McClurg
he left the prevoius – that Mr McClurg refused
his permission to harvest the same and actually
harvested this grain the first of your fathers sowing
yet Mr McClurg renders no account of this crop
If he does so and accounts fully and fairly
for it you will allow as a set off his claim
for rent if it be for the right time – and you may add
the few other items I have worked to be allowed as
proof – if he does not allow this wheat you will
leave him to his remedy –
A more unconscientius bill in its ^demand^ than this ope
whole account appears to be was never seen in a Court
of justice – leave Mr McClurg to bring it there –
You may answer him briefly by stating what I have said if he
calls upon you. But You may read him this if necessary – But you will not ^write him^