In 1830, when the Cumberland and Oxford Canal was opened to traffic, an attempt was made to change this queer name to "Lock Falls," and they are thus designated in a few deeds of that date, which have come to my knowledge; but the name never came into general use, and is now, and for many years past has been almost forgotten, and the old name Horse Beef was used until 1866, when a company of gentlemen in this vicinity purchased the old sawmill site on Windham side, and built a woolen mill, and in their charter they were styled the "Mallison Falls Manufacturing Company," and the falls by common usage are now called Mallison Falls.

THOMAS CHUTE.

THE FIRST SETTLER OF WINDHAM, MAINE, AND HIS DESCENDANTS.

BY WILLIAM GOOLD.

Read before the Maine Historical Society, December 23, 1882.

THOMAS CHUTE, the first settler of Windham, was born in London in 1690, and emigrated to Marblehead, Massachusetts, previous to 1725. The first charge in his carefully kept book of accounts bears that date. He notes that he raised his house on the twenty-ninth of February, 1729. He kept a house of entertainment, and sold all kinds of drinks-toddy, wines, flip, and the like, and often charged his cus

tomers for melting his pewter pots. There was very little money in circulation which compelled the charging of the smallest articles which were finally paid for in barter. The wealthiest people did not hesitate to have a grog score in the public house in what Chute called his "drink book," and when it became large enough it became a debtor item in his account book. He also dealt in other kinds of merchandise, hardware, dry goods and crockery. He was also a tailor, making up his own clothes and those brought to him by his customers. He also made suits of colors for vessels, and has on the cover of the book the quantity of bunting of each color required for an ensign, and for a suit British of course.

Chute soon became the owner of buildings which he rented. In 1730 a barber is charged with half a year's shop rent, six pounds, and on the opposite page is credited with the "curling of his wig," and "half a years shaving 10 shilling," also, for "a wig for his son," and "shaving his head to receive it." He also had a horse to let, often "double," that was for two persons to ride on his back at the same time. He sometimes let his chaise to go to Boston. This was a pleasure vehicle that was very rare in those days.

In 1733 Mr. Chute was appointed deputy sheriff by Benjamin Marston, high sheriff of Essex County and we have his original commission. A large part of his book is taken up with charges for the service of writs. The high sheriff was entitled to a share of the fees which compelled the deputy to keep a book separate, with the sheriff, in which each writ is

entered; we have that, also, from which we learn that in the four years which he held the office he served neasly one thousand writs, besides other precepts. Mr. Chute served writs for Wm. Shirley, who was afterwards appointed governor of the province. The first charge to him is in 1733. His biographers have it that he did not come from England until two years later.

James Bowdoin, subsequently governor of the state, Brigadier Waldo, and Andrew and Peter Faneuil, are charged with the service of writs in Essex County. In the book the name of Faneuil is spelt Funel — the same as it is on the family tomb in the Granary burying-ground.

By his book Chute seems to have served occasionally as an attorney as well as deputy sheriff, and did not hesitate to treat the jury and witnesses. The following charges were made in 1735:

Alexander Watts, Mariner.

Dec. To my attending the court three days at Salem,

At the review of the case he charged again :

1736, May Court. To cash paid Mr. Gridley,

ye lawyer

1 pound

This was Jeremiah Gridley of Boston, who afterwards became the king's attorney. One pound for attending court at Salem and making a plea seems at

this time a very small fee for one of Gridley's ability and celebrity. The next charge is:

To cash to treat ye jury after they gave ye cause in

favor of you

10 shillings

At the Ipswich term in the following October, in another case for the same client, there is a similar charge for treating the jury, and another for treating "ye witnesses."

In 1733 Sheriff Marston is charged for cash paid for whipping John Barnor, and for putting him in jail.

Soon after the treaty with the Indians in 1727, it was decided by the provincial government to survey a second or back tier of townships, between Salmon Falls River and the Androscoggin, and offer them to settlers on very easy terms. For nearly a century the old towns had formed a single line between the ocean and the wilderness, and never were a people's prudence and heroism more severely tried by the Indian enemy. Four new townships were granted: one of which was New Marblehead, now Windham, on the petition of inhabitants of old Marblehead in Essex County.

Thomas Chute was one of the original grantees of the township, and was chosen one of a committee of three to accompany the committee of the General Court in the location and survey of the township, which was begun in April, 1735. In the distribution of lots Chute drew home lot number twelve. soon decided to make himself a home in the new township. After closing his business in Essex County he, with his family, came to Falmouth in the spring

He

of 1737. The last entry in his book in Marblehead is under date of April twenty-fifth. He did not immediately go to the new township, but remained in Falmouth, where he commenced his old business of keeping a house of entertainment and working at his trade. His book contains charges against many of the leading men of the town, Rev. Mr. Smith, Col. Thomas Westbrook, and Moses Pearson, for whom in 1738 he made "a plush coat and britches trimmed with silver lace." From his account we learn that Mr. Pearson kept an Indian boy, who wore a red jacket, and a negro, both of whom wore leather breeches. The church record of the first parish in Falmouth, in October, 1738, has this entry:

Thomas Chute, Mary his wife, and Abagail, their daughter, being regularly dismissed from Marblehead church, were admitted to the one here.

While living at Falmouth, Chute had been preparing for a new home in the new township, ten miles off. The precise date of his removal to New Marblehead is not known. His first charge in the book there is against Rev. John Wight, the first minister of the town, for twenty-nine week's board. He was ordained and settled in the town in December, 1743, and Chute and his family were dismissed from the Falmouth church and recommended to that at New Marblehead.

Mr. Chute in his new home became the first settler of the township. His house was near the shore of Presumpscot river, which was the best highway to Saccarappa, three miles off, where his nearest neighbors lived. The settlers in the new tier of towns were