When the General Court had consented to give him a rehearing of the case of the Bishop farm, they expressly forbade his making any “strip” of the land in the mean while. But with the infatuation which seemed to possess him, and not heeding how fatally it would prejudice his cause at the impending hearing to violate the order of the Court, he again sent a gang of men to cut wood on the land in controversy. The following shows the result:—
“Hugh Jones, aged 46 years, and Alexius Reinolds, aged 25 years, testify and say, that we, these deponents, being desired by Mr. Zerubabel Endicott to cut up some wood, for his winter firewood, accordingly went with our teams, which had four oxen and a horse; and there we met with several other teams of our neighbors, which were upon the same account, that is to say, to help carry up Mr. Endicott some wood for his winter firewood, and when we had loaded our sleds, Thomas Preston and John Tarbell came in a violent manner, and hauled the wood out of our sleds; and Francis Nurse, being present, demanded whose men we were. Mr. Endicott, being present, answered, they were his men.”
These witnesses testify that this “battle of the wilderness” lasted two days,—Endicott’s men cutting the wood and loading the teams, and Nurse’s men pitching it off. The altercations and conflicts that took place between the parties during those two days may easily be imagined. Whether there was a final, decisive pitched battle, we are not informed. Perhaps there was. The woods rang with rough echoes, we may be well assured. A lawsuit followed; the result could not be in doubt. Endicott had no right there; he was there in direct violation of the order of Court. Nurse was in possession, had a right, and was bound, to keep the land from being stripped.
Shortly after this, Endicott broke down, under the difficulties that had accumulated around him. On the 24th of November, 1683, as we have seen, he was “sick in bed.” Two days before,—that is, on the 22d of November,—he had made his will, which was presented in court on the 27th of March, 1684. He was game to the last; for this is an item of the will:—