Title: Adams’ Minutes of the Referees’ Hearing: Chilmark, Martha’s Vineyard, August 1765
From: Adams, John
To:

      Seal. Directed to a proper Officer. The Cause. General Warrant. Martha’s Vineyard
       Hovey. Justifies by Warrant. Generality. Turning Point, legality of Warrant. Void in itself. Broke open in the dead of Night.
       Damages. Thrown down on the Hearth. Stripd of her Cloathing. Not yet got rid of her Wounds as she saith. Fright. Weakness consequent. Bethiah and Wadsworth—Weakly. She never had got over it she says. Wadsworth.
       Hovey.
       Abel Chase of Nantucket married Mercy Mayhew, Daughter of Bethiah Mayhew. They disagreed and separated 15 or 20 Years ago. They had a young male Child at the Time of separation, which Chase put out by Indentures to the Grandmother Bethiah Mayhew, from 5 to 14 Years of Age. When the Boy come to be 14, his Father wanted him, and complained to Dr. Mayhew, that his son refused to obey him, and had run away from him. Dr. Mayhew made out a Warrant for the Boy, which Bassett was about to serve about to take the Boy, when the Women Bethiah, Jerusha and others, came out and assaulted Basset and held him, till the Boy went out of Bassetts Way. Basset complains of the Opposition of the Women to Dr. Mayhew. Dr. Mayhew gave a Warrant to the Coroner, upon the Complaint of Deputy Sheriff, vs. the Women &c., for Resisting him in the Execution of his office. 1st fault directed to Coroner, 2d. no Seal. 3d. general. Allen the Coroner took that Warrant, and went and read it to them, and told em they must go, but they said theyd die first. Another Time, told Jerusha she must go, and she said she would go home first and come, and did. The Justice Dr. Mayhew sentencd to recognise or go to Goal. She refused to find Bond so a Mittimus was made out, directed only to the Goaler. But Allen did not committ her, took her Word for her Appearance on Monday, but then she pretended to be sick from Time to time and pretended to be at one Time set forth in her Writ, when Allen only took hold of her Hand.
       At this Time two young Men came up and held her and kept off Allen. Wadsworth Mayhew was the most active. Then Allen goes and complains to the Sessions, that he was opposed and resisted, by Wadsworth Mayhew. Court orders a Warrant to bring Wadsworth vs. all opposition, before them and to enter any House, where the officers should suspect him to be. This directed to the Sherriff. Bassett goes with Aid to the House, and demands Entrance &c. A Gun is fired which wounds him in the foot and Leg. He breaks the House and drags Wadsworth away to the Court.
       Jerusha Mayhew vs. Robert Allen.
       3 Imprisonments and an assault and Battery. Octr. 1763. Verdict vs. her. Superior Court Papers in Justification rejected.

       Hovey. Not for bearing hand vs. civil Authority.
       Zeph. Mayhew married the sister of Dr. Mayhew. Zeph. died. His Wife administerd and was Guardian of the Children. Widow taken in by J. Webb and Company. J. Webb became Master of the Children and Property. These orphan Children, thrown upon this family. Adonijah pursues his right, his Aunt Jerusha assists him. The Dr. disliked it, and thence sought all occasions, to ruin and destroy them. Chase’s marriage, separation, oldest son with the father, youngest with this family.
       Dr. Mayhew issues out a Writ, intended for a Warrant for this Boy, delivered to Bassett, who attempted to execute it, but the lightfooted Boy made his Escape. Jerusha placed herself between Bassett and the Boy. Basset returns that the Boy was rescued by Jerusha. Now the Coroner in Tow. Sherriff and Coroner shall play into one anothers Hands. Not a Warrant of them will justify an Officer. Jerusha apprehended, carried before the Dr. and sentenced that she was sufficiently guilty of an offence and must give Bail, which she would not do. Dr. makes out a Mittimus, illegal one. How to be carried could not tell. Allen seizes Jerusha to carry her to Goal. 2 June as well as 1st. Then slept till Octr. 25th. Octr. seizes her again by same Warrant at Esqr. Mayhews, seizes her in her Bed, and would have her out, commanding assistance. Wadsworth seeing his Aunt ill used, put up the Cloths on his Aunts Breast. Allen cryd, thats enough Wadsworth has rescued you out of my Hands. Allen makes the most vile and devilish Return. God knows not a Word of Truth in it. The Court then makes out a Warrant to the Sheriff, to take Wadsworth vs. all opposition. Basset comes, and makes the Disturbances of the night, and goes and complains again vs. the whole Family, a new Warrant is given to Allen, who comes and seizes and binds &c. them.
       Jerushas demands vs. Allen. Assault and Imprisonment, 1st. June. 9th. Octr. 25th. Octr. Besides these she demands Damages for 2d time and for breaking her House on the 26th. Octr. and for imprisoning her on 11th. Octr. and 20th.
       Evidence
       Deposition of Rebecca Mayhew Wife of Esqr. Allen offered to be her Bail.
       Deposition Mary Hunt. Heard Jerusha tell Allen he lyed.
       Witnesses
       Jane McGee. 25th. at Esqr. Mayhews I went, Jerusha told Allen he lyed. Then he said he’d horse whip her if well. I did not hear her complain of his griping her Hand. I took it, Wadsworth laid his Arm over to hold her and prevent Allen from taking her away. Had hold of her Hand not long.
       Zeph. Mayhew. Brother to Wadsworth. He pull’d her up and about. I thought to hurt her not to take her.
       Esqr. Smith. Interlocutory .
       Simon Mayhew. Mittimus. We gave our Words for Jerusha at Dr. Mayhews. I did not see Allen touch her nor hear him make her his Prisonment i.e. Prisoner.
       Deacon Mayhew. Desird to bring her behind him to Dr. Mayhews.
       Mrs. Chase. Hall’d out a Paper—at the Door—but laid Hands on no one.
       Uriah Tilton. At Dr. Mayhews. She refused to find Bonds. Mittimus written. She unwilling to go that night. He unwilling to carry her. Allen  their Words till Monday. Deacon Mayhew then present about making up, that she might stay longer.

       John Bassett. Beginning of June. Allen wanted me to go as aid. Esqr. Mayhew would not go. We could not catch them.
       Stewart, Wm. Beginning of June. Dr. Mayhew advised me to go as a Friend. Esqr. Mayhew in a great Passion—’tho commanded would not go. We went to the House but could not persuade them to come out, nor could we catch them.
       Esqr. Mayhew. Told Allen that it would be little less than Murder to carry her to Goal. I asked Allen if I should take his Prisoner, and he consented.
       Jeira Willis. Nothing.
       Paine. Ashes raked over these unhappy Coals. Whole Bone picked and the Hatched Hatchet for ever buried. Boadicea the deliverer of Britain from the Invasion of the Hunts Huns. Rod however broken, this Warrant however illegal, hung like a bloody Banner, over this family. Poor helpless Women—Walked between his Legs as a ship between those of the Colossus. Touching not of the Essence of Imprisonment. Surrounded the House, lockt up Doors, Windows, stop’d up Chimney, till starvd to death.
       Vulgar Custom refuted by a vulgar Proverb. A bad Custom better broke than kept.
       Jack ancient or pendant. Stings 1000 times deeper—gives a greater Weight to the Bullet. Going down stream, tide and half Tide. Noahs Dove—wise, Dove—found nowhere after flying about, to set his foot. Many a Case, has sunk like a Millstone to the Bottom of the Ocean, when founded on an illegal Warrant.
       Cornelius Bassett vs. Mayhews.
       Jeremiah Manter. Aid. Bassett stooped down to see his Wound, and the old Lady, with a stick smites Bassett 3 or 4 times over the Head. Then He took hold of the stick and in pulling it out of her Hand, she fell down, no Hurt done her that I saw. About ½ after 9. Robert Allen came to call me.
       Meletiah Davis. Aid. A Deputy Sherriff. Basset came to me and desired I would go and serve the Warrant. The Clerk carried it to the high sherriff, who offerd it to me, I declind. Basset offerd me a Dollar to go. Esqr. Mayhew advised Basset not to go that Night. Basset said he would not, if he would promise to bring him out in the Morn.
       The blood running out of his stocking. The old Woman laid him over the shoulders. He caught the Clubb, and pull’d. She held so fast that the Coll. pull’d her out of her Chair. We were afraid of Murder, and so bound the 2 young fellows. I heard no Noise at the Door but Voices till after the Gun. She fetched Shreve a Blow in the face and gave him a black Eye. The old Woman was laid on the bed. Hardly time for Wadsworth to have fired the Gun.
       Eliakim Norton. Aid. About Chase up Chamber and danger of his killing somebody. Gun loaded deeply. He being a friend hoped to prevent difficulty. Heard it said Basset was under a sort of a Difficulty or Engagement to Esqr. Mayhew. I thought not time for Wadsworth to fire the Gun.
       Thos. Dagget. Aid. Bethiah said I shall go into a fit. He let her go. She struck him.
       Silvanus Norton. Aid. Heard in the House a Womans Voice damn you all, what do you do here. Mrs. Chase wishd to God she had been there, she would have prevented all this.
       Ebenezer Allen. 12 Men Aid. Bassett said he had another Writ in his Pocket. Stand off. Two Bethiahs by Voice. It appears to me it was 11 O Clock. Davis and Dagget took Bethiah from out of her Mothers Arms. Old Woman prayd. God not here, more like the devil. Robert Allen said it hurt him to take the old Lady, and agreed to omit it. Basset ordered to search the Chamber, because he did not know what Mischief might be done. Utensils brought to light a Candle. Every one went in and out as they pleasd. No Rigor used.
       Robert Hammet. I knew nothing of their Coming to this House till it was over.
       Benja. Coffin. Basset told Esqr. Mayhew he would not go if he’d give his Word. But Esqr. would not. But he said he believd he should not. Women cryd begone, or theyd break his Head. Many Threatening Speeches, and one cryd fire the Gun. I thought I heard somebody in the Chamber. A Woman’s Voice in this Room, I thought. I take it to be Bethiah Mayhew Juniors. The old Lady struck at me. Bethiah Mayhew seemd to look as if she was looking for a Weapon. Some of Us took hold of her Hands and raised her up. I said I thought it would be best to bind her, but nobody did. She said if she died, she hoped somebody would prosecute for her. Basset said he did not know but he might take the Boy if he had opportunity. She talkd more than all the rest till Allen came. She laughd heartily and made the Company laugh.
       Nathl. Hancock Esqr. The whole Island knows of their Threatnings, keeping Guns, &c. Jerusha reflected on the whole Court as guilty of Intemperance.
       Ebenr. Smith Esqr. The People were almost universally for his going. I said I did not know but it was best.
       Dr. Mayhew Esqr. Bethiah said that if officers came either from Me or the Authority they would resist them to the last degree.
       Mary Mott, and Jer. Manter. Urged them to put in Things that they knew not.
       Jona. Foster. The old Women said We keep a Gun, to kill the Man that comes for the Boy and a Clubb too.
       Samuel Bradford. The Dr. Basset had a bad Wound such as I should not chuse to have for any Money. I would not have such a Legg for £5000. 5 shot in one Legg and 2 in the other. The shot passing thro the Door, were bruisd, and inflamed. The Legg is not well yet. It swells with Exercise and never will be well.
       Dr. Smith. 5 shot in one Legg and 2 in tother. The Wound was bad. One or two shots lodged against the Bone.
       Hovey. Incidents. Doors, Windows, Avenues guarded. Jumbled against the door. Who the Persons were that fired the Gun, the Witnesses know not. Wadsworth fire the Gun, fire the Gun. 1st. convince you, that Wadsworth Mayhew could not be the Person, that fired this Gun. Norton, Davis and Manter. At the back door. Broken Way in the Entry.
       Witnesses. Zephaniah Mayhew. Large Noise as if somebody pulling down the broad side of the House. Heard Grandmother and Aunts crying Murder. Bound my Hands quite tort so they hurt me a great while. Basset pulled Grandmother out of her Chair. He turnd from her and curs’d and swore, and somebody said God ant here. Basset ordered somebody to go up Chamber and look for Zeph Chase. I waked Wadsworth up and he and I went to the back door. I heard no Gun, nor fired.
       Lucinda Mayhew. I went to Wadsworth in Bed. I saw Dagget have Jerusha by the Hands.
       Zeph. Chase. Heard swearing too. Never knew there was a Gun shot, that night.
       Mercy Chase. My Child, &c. Family in great Distress, Terror and Fright. Mother complained of Jams and Bruises. Sister Bethiah compland that she was mashed, and I saw burns and black spots.
       Esqr. Mayhew. Manter forward. Bassetts Word. Old Lady said what have I done to be beat and abused so. Basset said he could not remember whether he mentioned Wadsworth Mayhews name.
       Esqr. Hancock said if any Body should break his House he would kill them as soon as a Rabbit.
       Mary Hunt. In her Apprehension Bethiah Mayhew had been much hurt by the Persons that broke in.
       Deacon Mayhew.
       Simon Mayhew.
       John Cottle. Basset told me that one Reason of his going that night was to take Chase.
       Mary Mcgee. Dr. Mayhew said the best way to get the Boy was to pull the House down. Dr. Mayhew dont remember.
       Ruth Mayhew. See Deposition. Bruises, &c.
       John Basset’s Opinion.
       Timothy Mayhew Jnr. Deposition. Heard Basset say he would have the Boy dead or alive, and heard Discourse with James Athearn, about pulling the side of the House down.

       Sarah Hatch. Deposition. Discourse with Athern.
       Elisha West. Saw the old Womens Bruises. Abel Chase told me he had employd them that he expected would get the Boy.
       Jeira Willis. I took it Basset was determind not to come that Night.
       Ezra Tilton Jr. Manter told me, that Robert Allen called him up, and he was ready to get up.
       Jer. Tilton.
       Hovey. Wadsworth could not be the Person. Witnesses perjured. Lucinda, and Zeph. Wadsworth could not get out and in again without waking Zeph.
       As little Probability that the others did it as Wadsworth. Bethiah was found in such a Posture that she could not do it. Lucinda heard no Gun.
       Bassetts Authority. I hold his Warrant. Vid. 2 Shaw. 382, bottom, will not justify. General Warrant. Law gives no such Power to Justice or sessions. 1. Shaw. 76. Browlow Bordmans. Law of Arrests. Center of p. 235, vid. §8; p. 186. No Necessity. Late in the Night. Agreement with Esqr. Mr. Bordmans House Damages. Confined till near April. Leg swelld at Barnstable.
       Paine. Awful Night, the Aera of Liberty. Pretended Complaint of Allen piping Hot. Sessions. Overruled in Sessions, ’tho objected to. Mrs. Jerushas Resignation and Obedience. Crusade. Veterans of death Regt. No Counsel. No Pleadings. Arrests 173. Sir Wm. Pepperells House. No remedy. We dont hear of such Procedings in Boston, nor any where else. Officer must demand a peaceable Entry. Night Time not the proper Time. Something else in his Mind. Zeph Chase. Clashing of Evidence. The mean to be taken. Doubtful whether Either of them fired the Gun. Superior Court would not receive the Verdict vs. Wadsworth. Family Witnesses, when none others. Something in human Nature, abandond . Not Partialities &c. Characters of this family. Prejudices of Witnesses on the other side. Cobb whose wife had prompted on this unruly Proceeding. Threats before Hand. Faithful Memory of an Enemy. Family obnoxious to the Government, weigh nothing. Haulescks Law. Widow is wounded in the House of her friends. The Report Defamation of keeping a Gun. Cape fly a way. Resisting the sham appearance of Authority is laudable. Fire the Gun. No Evidence vs. Bethiah Senior. Not a Word of the old Woman. Lucindas Cry to Zeph Chase. Damages. Careless of his Legg. Cases at Plymouth. Bulletts in Leggs, &c. Damage without an Injury.


Title: Paine’s Minutes of the Referees’ Hearing: Chilmark, Martha’s Vineyard, August 1765
From: Paine, Robert Treat
To:

       Dukes County Augt. 1765Coram Referrees
       1762.
       1762. June 1. C. Basset complains of Jerusha Bethiah junr. Lucinda Mahew and Mercy Chase and a Warrant issues without Seal and directed to Coroner and General who on said day serves it on all three and lets them go.
       Oct. 9. Coroner Allen serves it again on Jerusha and takes her before M. Mahew who binds her to Court and makes a Mittimus directed only to the Goaler.
       Oct. 25. Coroner Allen takes Jerusha being sick a bed by Words Esqrs. said Mittimus and Wadsworth hinders.
       26. On this Allen complains to Sessions then sitting of Wadsworth and the Warrant goes on which the home was broke.
       27. C Basset complains to M Mayhew and al. and he grants a Warrant vs. Bethiah, Bethiah junr., Lucinda, Jerusha junr. and Zephaniah  for the trespass at the breaking: directed to and serv’d by Coroner.
       Jerusha brings Action vs. Allen for serving said Warrant on June 1 and Octr. 9th and the Mittimus, and Bethiah junr. and Lucinda are admitted Parties and complain of the service of the three Warrants on June 1st. and also of Allen abusing them in the Night.
       Bethiah brings Action vs. Basset for abusing her that Night and Bethiah junr. and Wadsworth are made Partys complain of Bassets abusing them on the Nights and also say Basset’s judgment vs. them for the Trespass is wrong or too much.

       Jerusha Mahew et al. vs. Robt. Allen
       Plaintiff
       Rebbecca Mahew. Deposition 11th. Octr. 1762. Came again 20th. Came again 25th. PM came again.
       Mary Hunt. Deposition same.
       Jane Magee. 25th. Jer. gave defendant the lye about a Death he said if she was well he would horsewhip her tho she was a Woman. Same as Rebecca and Marys.
       Zeph. Mahew. Oct. 25. Same. June 1st.
       Esqr. Smith. Interlocutory Recognizance.
       Simon Mahew. 9th. Octr. mittimus given to Allen. He procured two men to pass word for his forth coming.
       Deacon Mahew. The taking on the warrant.
       Mrs. Chase. June 1 the taking by the Warrant, on the Nights.
       Uriah Tilton. The imprisonment before Justice M Mahew and  mittimus and his being giving word for her forthcoming.
       John Basset. Went after him in June and could not catch them.
       Wm. Steward. Same.
       Esqr. Z. Mahew. She was too sick to be carried on the Mittimus. I ask’d Allen if I might take his Prisoner and he gave Liberty.
       Law Arrests. P. 189 §22. Constable liable in executing General Warrant.
       184 §8 Constable can suffer to go at large and retake.
       172 §8. Justice of the Peace can’t grant General Warrant.
       71 §9 Not Murder to slay an officer executing bad Warrant.

       13 §11. Coroner not officer to serve Warrants.
       2 Shaw. 382 §3: action lyes vs. person who executes a Warrant who is not legal Warrant officer.
       1 Shaw. 262 § officer cant execute general Warrant.
       Defendant
       The Warrant vs. Jerusha et al.
       The Mittimus vs. Jerusha.
       The Province Law of Coroner. @ Plaintiff and Complainant the same. And it doth not appear on the warrant the Sheriff was Complainant.
       Distroying these Warrants for want of form will open a Door for Actions, As the Superior Court has condemned them.
       Thos. Lothrop. Deposition.
       There was no touching therefore no Arrest. @ there may be Imprisonment without touching.
       How Dr. Mahew could be interested. @ resentment.
       Cornelius Basset vs. Wadsworth, Bethiah and Bethiah junr. Mahew.
       Plaintiff
       Last Judgment.
       Warrant to take Wadsworth.
       Jona. Cathcart. Deposition.
       Jer. Manter. Bethiah junr. cry’d Wad. fire the Gun by her Voice, Lucinda, cry’d Zeph. dont fire.
       Mela. Davis. I was at Cobb’s. Basset offered me a Dollar to go as officer. Ill press you as assistance. Esqr. Mahew offered to have him forth Coming. 9 oClock when we came from Cobb’s; not time enough.
       Elias Norton. Deposition. Basset seemed to say he was obliged to go that Night. Not time enough.
       Thos. Dogget. Some body in house said fire the Gun; told him try.
       Sylv. Norton. Forced the door with billets of Wood. Saw the Gun ly on the Stairs.
       Ebenr. Allen. Came from Cobbs about 9 oClock, eat supper at Cathcarts. I think it was 11 oClock when we got to the house.
       Robt. Hammet.
       Benja. Coffin. Basset promised Esqr. Mahew if he would have Wadsworth that he believed he would not go. Bethiah cry’d Wadsworth fire Gun. Near 10 at Cathcarts.
       Esqr. Hancock. The reason of the Court’s granting such a Warrant and delivered about 7 oClock. I understood next morning that Basset had engaged me to go that night and  his preachments.
       Esqr. Smith. I did not like the warrant, it was imagined they were determined to bear down the Authority of the Island.
       Dr. Mahew. Bethiah junr. told me if any officers came with warrant they would resist unto the last degree, speaking of Zeph. Chase.
       Esqr. Athearn. By the talk they had I concluded they would not go that night.
       Nathan Mahew. Deposition. Jerusha said they had a Gun hidden and would shoot April 2 1762.
       Mary Mott. Deposition.
       Seth Dogget. Deposition. Jerusha shreaking that she was sory she must be the Death of some of their neighbours.
       W m. Stewart. Deposition about F Being threatning.

        Jona. Cathcart. Deposition.

       Jona. Forster. I ask’d to come in 2 or 3 years ago Jerusha came to the Door and bid me come in. Old Woman said we keep a Gun to shoot any officer that comes for the Boy and also a Club.
       Saml. Bradford. Col. Basset had bad Legg.
       Dr. Smith. Bad for a flesh Wound.
       Defendant
       Zeph. Mahew. Wadsworth was asleep. I waked him, I heard no report of Gun.

       Lucinda Mahew. Wadsworth and Zeph in bed, I waked em and they went with me to the back Door.
       Zeph Chase. I was up Chamber and made my Escape and did not know if a Gun fired till next day.
       Mercy Chase.
       Esqr. Mahew. Warrant Bassett I proposed to Basset not to go till morning, Jer. Manter pushed on the thing. Basset then said if you’ll undertake to acquaint the Family, I’ll let it alone till morning. As I pass’d Defendants house I saw no light, I told Jerusha there was a Warrant on Wadsworth. She said We will Not stop him Against lawful Authority. Allen came with his Warrant. Esqr. Hancock said if any body should Attempt to break his house in the Night he would kill ’em as quick as a Rabbit.
       Mary Hunt. Deposition as to the Damage done Bethiah junr.
       Deacon Mahew. Bethiah junr. much hurt.
       Simon Mayhew. Bethiah junr. much hurt.
       John Cottle. Deposition of Basset’s promise and intent to take Chase’s Boy.
       Mary Magee. Deposition of Dr. Mahews Speech about pulling down the house to take Chase Boy.
       Ruth Mahew. Deposition. Bethiah junr. much hurt.
       John Basset. Talk with Basset.
       Timo. Mayhew junr. Deposition about Bassets Zeal in taking Zeph. Chase and said he must take door off hinges.
       Sarah Hatch. Deposition of Basset threats to take the Boy Very Strong.
       Elisha West. Deposition of Bethiah junr’s Bruizes; of Zeph Chase carrying the Gun, Abel Chase said he had employ’d them that would get the Boy.
       Jeira Willis. I took it for granted Basset was determined not to come that night, Cobb’s Wife advised Basset to go and others back’d him, Basset insulted Wadsworth, late bed time when they .
       Ebenzr. Smith. Deposition. Bassets promise not to go that Night.
       Ezra Tilton. Jer. Manter told me next day how he was desirous to go.
       Uriah Tilton.
       Objections to Warrant
       To search all suspected houses.
       Not for sufficient Cause to break house.
       If Warrant good, officer could not break in the night.


Title: Editorial Note
From:
To:

       This case, an early instance of patriotic violence which disturbed Adams deeply, arose on the night of 19 March 1766 at Scarborough in the District of Maine, when a mob broke into the home and store of Richard King. The rioters terrorized King’s pregnant wife and five children (including the future Federalist politician Rufus King), destroyed his windows and furniture, and burned a deskful of papers. The court files and related papers on this and other suits involving King suggest three roots for the townspeople’s animus. First, many of them were his customers and owed him money; second, they had suspected that he was a prospective Stamp Act officer; third, they resented his claim that the parish, of which he had been treasurer, owed him money for disbursements.
       Despite threats of death if he sought legal redress, King pressed indictments against the mob members and petitioned the General Court for pecuniary relief (Document I). Meanwhile, in the spring of 1767, the mob had burned another house of his and a barn whose alleged size (72 by 32 feet) suggests King’s financial position.
       Unsuccessful in his efforts to obtain either vengeance or recompense, in March 1773 King finally commenced a civil action at Falmouth Inferior Court (now Portland) against John Stewart and nine others whom he numbered among his tormentors. The subsequent course of the litigation may be traced in King’s remonstrance to the Superior Court (Document II) and in the writ of review (Document III) which the defendants obtained after a Superior Court jury at the June 1773 term had awarded King £200 damages for his losses in March 1766. The first Superior Court trial is of interest from the evidentiary standpoint, because testimony of parties as to whom the action had been dismissed was allowed, as was handwriting evidence both for and against John Stewart.
       Adams first appeared in the case as counsel for King at the trial in review, where King’s cross-appeal seeking an increase in the damages previously awarded was also tried. Three of the remaining six defendants had defaulted, perhaps pursuant to an offer of settlement made by King (Document XI).
       Adams’ minutes (Document XIII) are unusual, because they contain not only a summary of the evidence but what appears to be a complete text of his address to the jury. That he considered this case unusual is strongly suggested by a letter to his wife, written at Falmouth on 7 July 1774 (Document XIV), which echoes the vivid phrases of his address. The two are virtually contemporaneous expressions of his distaste for indiscriminate mob action, apparently high on the eve of the Revolution after nearly a decade of participation in the affairs of the patriotic movement.
       Despite Adams’ rousing argument, the jury saw fit to increase King’s recovery by only £60 10s. Moreover, it reversed the former judgment as to defendant Jonathan Andrews, awarding him £40 10s. to be remitted by King. The verdicts thus left the remaining defendants liable in a total of £260 10s., much less than the ad damnum of £2000 which King had alleged in his writ. Even this relatively modest judgment was not soon to be satisfied, however. As late as 1784 King’s widow was still trying to realize upon it.


Title: King’s Petition to the General Court: 4 January 1768
From: King, Richard
To:

       Province of the Massachusetts Bay To His Excellency the Governor The Honorable His Majestys Council and the Honle. House of Reprisentitives in General Court Assembled
       Humbly Shews Richard King of Scarborough in the County of Cumberland in Said Province Gentleman That in the Night of the 19th of March AD 1766. a Number of Persons in Disguise with axes Clubbs &c. Broak the windows of the Dwelling House and WairHouse of Your Petitioner, and Entered both Distroyed the kitchen furniture &c. and marred the winscot of the Dwelling House Burnt and Distroyed Robb’d and Carried of from the Dwelling House and WairHouse Great Quantitys of Your Petitioners Papers and writings of Great value among which the Number of Bonds and notes of Hand for money Due which have already Com to Your Petitioners knowlidge togather with the Lawfull Intrest Due on the Same to the Time of the Riot Amount to the Sum of £1104/15/3 lawfull money of said Province Exclusive of other writings of Great value. That in the morning of the second Day after the Riot a writing was found put up at your Petitioners Gate in the name of Sons of Liberty Threatening Your Petitioner and Every other Person in the County that Should be Instrumental of any worrant or Summons to be Served on aney Person on account of the Riot he or they might Depend upon haveing their Houses and Barns Burnt and Consumed and themselves Cut in pices and burnt to Ashes. That in a Short time after another Threatening letter was lodged at the Door of one John Fitts who was a Tenant to Your Petitioner, therein warning him to Depart from that House within twelve Days or he might Expect to be Distroyd for they were Determined to Distroy King and all he had. That Eight Days after the Riot upon Complaint a Warrant was Issued by Several Justices of the County Against such Persons as were Suspected, and Summonses for Such as were Supposed Capable to Prove the Fact. But with little Effect two only of the Persons Suspected Suffering them selves to be taken the others as also the Principal witnesses Either keeping their Doors Shut against the officers Going back into the woods or Going armed avoided being taken or summoned, that while the Justices that were assembled on this Occasion were waiting for the officers to Execute the warrants &c. a Number of the Riotous Party actualy Assembled in order as was Said to Rescue aney Person that might be apprehend, That in May following the House Improved by Fitts above mentioned was Set on fire and had Nigh like to have ben Consumed with the Household Goods therin which so Allaramed him that he soon Quit the Same which House was Soon after almost distroyed by tairing Down the Chimney &c. That Your Petitioner perciveing the Injuerys he had sustained by the Riot appeared to be pointed more at his papers then aney other Part of his Intrest and that maney Persons appeared Determined to take advantage of the Distruction of his Securities for the Discharge of their Debts &c. That sum from whome your Petitioner had Purchised Lands began to threaten a reEntery, upon finding their Deeds were not on Record, alledging for their Justification that your Petitioner had obtained Deeds, Bonds, and Notes by taking the Advantage of People. Wherefore your Petitioner by an Instrument in writing under his hand appointed the Two first Justices in the County togather with a Gentleman of the Law Arbitrators in General between my Selfe and all Persons (if aney there were) who will appear before Said arbitraters within three months and alledge their having Suffered or being lyable to Suffer by means of aney Deed of Sale Deed of mortgage or Bill of Sale Bond note of hand or other Obligation whatsoever, with Three months more to prove the Same was by Your Petitioner fraudelintly Obtained as they alledge.
       And if upon a full hearing of the matter aney such fraudes Should appear on the Part of your Petitioner Said Arbitraters were therin Desired to Certifie the same in writing under their Hands which Certificate if refering to a Deed of sale Deed of Mortgage or Bill of Sale Should Intitle the Party to recover the whole Consideration over again or if it referred to aney Bond Note of hand or other obligation whatsoever to be Sufficiant in aney of His Majesty’s Courts of record to Barr aney action that might Ever after be brought upon Such obligation respectively, therin also Subjecting himSelfe to pay all Cost and Charge arising by Such Dispuet wherin he Should be found in the wrong which Submission Your Petitioner notified at length in two of the most frequented Taverns in said Town of Scarborough, But no Person Ever appeared, nor Applied for aney redress, That while the officers were Indeviouring to Summon the witnesses to attend the Superior Court in this County June 1766. Seven windows in a Dwelling House belonging to Your Petitioner were broak and Distroyed. That in the month of Augt. following Your Petitioner Suffered the Loss of an Ax Stole out of his Pasture Suposed to have ben Taken by Sum of the riotous Party who Imploied them selves back in the woods to be out of the way of an Officer. That in the Night of the 4th March last the Dwelling House last mentioned (which had ben lately refitted) was attacked the Boards and Clapboards Tore off the Sealing beat in, and the Posts and Studds Cutt off and the House rendered Irepairable. That in the night of the fourteenth of May last being a few Days after the apprehending and Imprissoning one Silas Burbank upon an Inditement for the Riot, a Barn belonging to Your Petitioner of more then seventy foot Long and thirty wide Covered and fixed in the best manner togather with a Shedd of Eighty foot Long was burnt and Consumed with sum Hay and most of your Petitioners Utensils for Husbandry. And Two of your Petitioners best Calves Killd and Carried off at the same Time. That your Petitioner has ben at Great Trouble and Expence in Indeviouring to bring those Rioters to Justice that altho a Number were Indited at the Supr. Court in this County June 1766 and warrants against them Given to proper officers and those officers afterwards actualy in Company with Sum of those the warrants were against Yet the same have not ben Executed upon aney Except Burbank above named and not on him till he Grew so Bold as to use the Goalkeepers House as a Tavern, the reason assigned by the officers for not Executing the warrants when both togather were in Companey with Sum that were Indited, was, that they Did not think it safe and were actualy afraid to Execute the same. That During this time the Rioters Party have ben Sending off to Machias and other Places Such as might have ben made use of as Witnesses against them and Greatly Intimidating others So that the obtaining witnesses against them (all Circumstances Considered) must be attended with Great Difficulty if not Impossibility to your Petitioner. That for a Privat man to bring a Great number of Persons to Justice for such Dissorders as first origenated under a Notion of Publick Utility Committed in a Time of General Dissorder and Confusion while others who were alike Guilty were Exempt from Punishment by act of Government is a Burthen too Great and attended with too much Hazerd to be Effected by an Individual at this Time. That as it is Evident the Injuryes Your Petitioner has sustained is by a Detachment of the Spirit of Dissorder above mentioned the other Sufforers by which have ben Since Compensated. Your Petitioner thinks it an unhappiness and Misfortune peculer to him Selfe to be obliged Either to Sell Settdown by his Losses or Go through Such an ardous  undertaking to Repair them as appear more likely to render his Losses Double Such an undertaking as Even Government it Selfe has thought fit to Decline and Yet to be Taxed to the Compensation of others. That Notwithstanding your Petitioner has taken all possible pains to obtain the renewal of the obligations he Lost by the Riot by offering long Credit and Easey Payment, Yet the amount of the Sum that is neither paid nor renewed nor Can be Confided in to be paid renewed, or in aney wise made Good by the respective Debtors is £463/3/51/2 Exclusive of the Intrest on the same Since the Riot. A List whereof togather with the other articals of Loss Sustained by your Petitioner as above is herewith presented to Your Excellency and Honours.
       Which Losses and Damages togather with the Exposed Scituation of Your Petitioner Your Petitioner Humbly Supplicats Your Excellency and Honours to take under Your wise and Just Consideration, and that Your Excellency and Honours would be pleased to Compensate and make Good to Your Petitioner the Injureys he has Sustained from the Hands of those Riotus Persons as also that your Excellency and Honours would be pleased to Direct in Such wise with respect to any further Process against them, that the Intrest of your Petitioner may be Secured from any further Distruction at their Hands. All which Your Petitioner Humbly Submitts and Prays.

        Richd. King
        Scarborough Jany. 4th 1768


Title: King’s Remonstrance: Richd. Kings Remonstrance to the Superr. Ct. July. 1771
From: King, Richard
To:

       To The Honle. His Majesty’s Justices of the Supr. Court of Judicature Court of Assize &c. Now Holden in the Countys of Cumberland and for the County of Cumberland and Lincolen
       Richard King of Scarborough in the County of Cumberland Humbly remonstrates that by a riot in the night of the 19 of March AD 1766 His Dwilling House and waireHouse were broken up and a great number of his Notes and Bonds for money due and other papers of value were burnt or Carried off by the Rioters, Exclusive of other Damages, that altho’ thredened by letter and otherwise that if he was the Cause of any warrants or Summonses being served on any Person or Persons on that account he might depend upon it, his Cattle should be killed, his House, and Barns Burnt, and himsilfe Cut to pieces and burnt to ashes. That notwithstanding their many threats and Menaces Your Remonstrant persued the measuers directed by the then attorney General, upon which fourteen Persons were Indicted at the Supr. Court 1766. preparitory to the Supr. Court in 1767. Wittness were summoned and sum persons Indicted were taken, but by reason of a failour of Juriours from said lower County no new Indictments Could be found, nor the olde ones brot On Tryall. Your Remonstrant made the utmost Efforts again preparitory to the Supr. Court 1768. and Caused witnesses to be summoned who if they had appeard and Deposed the Truth must have proved those Guilty who were under Indictment and then before the Court, and ben the means of procuring new Indictments of those that Distroyed his farmHouse and burnt his Barn &c. The Honle. Court ordered a Warrant, and an officer was sent after them, who made return he could not find neither of them. So nothing further was don at that Court nor since til now, in this length of time sum persons have disclosed matters that did not appear before, and other Circumstances which Gave Incouragement to your Remonstrant to make a new attempt. Accordingly on Satterday last Your remonstrant having precured a new warrant for the Persons Indicted, percured Timothy Stuart, one of the Principel actors among them that were Indicted to be apprehended by one Abraham Lavit one of the Counstables of Scarborough. But the officer not being sufficiantly on his Guard, suffered the said Timothy to make his Escape on his way to the Goal. The Loss sustained by Distruction of your remonstrants security for money Due (Exclusive of what has bin since in any wise paid or renewed) togather with the Intrest amounts to £743.0.10 Exclusive of all other matters, which upon the whole must Exceed £1000. LMy. lawful money Exclusive of the Great Pain to him Selfe, wife and Children, Trouble and Expence in Endiveouring to bring the Parpitrators to Justice and to hire mento Guard his House against their outrage agreeable to their threats while he was so Doing. Wherefore Your Remonstrant Humbly Supplicates Your Honours to take his Case under Consideration, and that Your Honours would be pleased to Take such Imediate measuers as may Tend to reduce his Distroyers to reason and open the way for his redress.

        All which is Humbly Submitted by Your Honours Most Obedient, and most Humble Servant
        Richd. King
        Falmouth 2d. July 1771.


Title: Writ of Review—Stewart et al. v. King: Cumberland Superior Court, Falmouth, June 1774
From: Adams, John
To:

       To the Sheriff of our county of Cumberland his under-Sheriff or Deputy, Greeting.
       We command You that You summon Richard King of Scarborough in our County of Cumberland Esqr. (if he may be found in your precinct) to appear before our Justices of our Superior Court of Judicature Court of Assize and general Goal delivery to be holden at Falmouth within said county of Cumberland and for the countys of Cumberland and Lincoln on the tuesday next after the fourth Tuesday of June next, then and there in our said court to answer unto John Stewart Yeoman Jonathan Andrews Blacksmith, Amos Andrews Yeoman Timothy Stewart Yeoman, Samuel Stewart Yeoman, and Jonathan Andrews junr. Blacksmith all of said Scarborough In a plea of Review of a plea of Trespass commenced and prosecuted at an inferior court of common pleas held at said Falmouth on the last Tuesday of March seventeen hundred and seventy three by the said Richard against the said John Jonathan, Amos, Timothy, Samuel and Jonathan Andrews junr. and also against Jonathan Wingate Silas Burbank and Benjamin Carl in the words following, to wit, In a plea of Trespass for that the said John, Jonathan Andrews Amos Jonathan Wingate, Silas Timothy Samuel Jonathan Andrews junr. and Benjamin Carl at Scarborough aforesd. on the nineteenth day of March, AD 1766, in the nighttime with force and Arms broke and entered the said Richards house in said Scarborough wherein he and his family then dwelt and then and there with force as aforesaid broke and destroy’d seven of his glass windows of the value of seven pounds and cut and defaced the wainscott stair case within the said house of the value of six pounds bruised and ruin’d three dozen pewter plates and dishes of the plaintiffs of the value of four pounds ten shillings broke and destroy’d the plaintiffs stone earthen and brassware Kitchen chairs table and other household Utensils and furniture there found of the value of six pounds broke open and destroy’d the said Richard’s desk in his said house of the value of four pounds, broke and entered the said Richard’s shop near his said house, took and carried away from said house and shop and burnt and destroy’d divers deeds, notes of hand bonds and other papers of the said Richards a schedule whereof is to the writ annexed of the value of thirteen hundred ninety eight pounds three shillings and a penny half penny and put the said Richard and his family into great fear and distress and danger of their lives and for that the said John Jonathan Andrews Amos Jonathan Wingate Silas Timothy and Samuel Jonathan Andrews jnr. and Benjamin Carl afterwards on the second day of March, AD 1767, at said Scarborough with force and arms cut down ruin’d and destroy’d another house of the said Richard in said Scarborough of the value of fifty pounds and afterwards upon the fourteenth day of May, AD 1767, at 3d. Scarborough, the said John, Jonathan Andrews Amos Jonathan Wingate, Silas, Timothy, Samuel Jonathan Andrews junr. and Benjamin Carl with force as aforesd. burnt and destroy’d the said Richards barn there seventy two feet in length and thirty two feet in width of the value of eighty five pounds and his shed adjoining the same barn of the value of fifteen pounds one load of English hay being in said barn of the value of fifty shillings two bushells of his Flax seed of the value of twelve shillings his hay Cart of the value of twenty four shillings twelve rods of his barnyard fence there of the value of four pounds, and took and carried away two sleds of the value of twenty four shillings each six ox yoaks of the value of thirty six shillings six hay forks of the value of twenty shillings four scythes of the value of twenty four shillings four sickles of the value of six shillings and ten rakes of the value of twelve shillings all the property of the 3d. Richard and divers other of his utensils of husbandry there found of the value of forty shillings and also took carried away and kill’d two of his calves there found of the value of thirty six shillings, and other enormities and wrongs did there at the several times aforesaid to the 3d. Richard against our peace and to the damages of the said Richard as he says the sum of two thousand pounds, at which 3d. inferiour Court Judgment was rendred that the 3d. John Stewart Jonathan Andrews Amos Andrews Jonathan Wingate, Silas Burbank, Timothy Stewart Samuel Stewart, Jonathan Andrews junr. and Benjamin Carl recover against the said Richard King cost of Suit; from which Judgment the 3d. Richard appealed to the 3d. Superiour Court of Judicature &c. held at said Falmouth on the Tuesday next after the fourth Tuesday of June last, when and where the 3d. Richard moved the Court that he might be allow’d to strike the names of Silas Burbank Jonathan Wingate and Benjamin Carle, out of the original writ, and it was granted; and their names was struck out accordingly, and the 3d. Silas Jonathan and Benjamin in the same court acknowledged themselves satisfied as to their costs and Judgment of the same Court was rendred that the said Richard King recover against the said John Stewart, Jonathan Andrews Amos Andrews, Timothy Stewart Samuel Stewart and Jonathan Andrews junr. the sum of two hundred pounds lawfull money damage and costs taxed at twenty two pounds twelve shillings and a penny; which same Judgment the said plaintiffs in this writ of Review say is wrong and erroneous and that thereby they are damnified the Sum of two hundred and fifty pounds wherefore for reversing the same Judgment and recovering back from the said Richard King the 3d. Sum of two hundred pounds and the same cost and for recovering Judgment against him for cost of Courts they the plaintiffs in Review bring this Suit....
       And the said Richard King comes and defends &c. and Saith that the Said last mentioned Judgment is in nothing erroneous, Saving that it ought to have been for Two Thousand Pounds and thereof puts himself on the Country.

        John Adams
        And the said Plaintiffs in Review likewise. James SullivanJohn Sullivan } their attorneys


Title: Burbank’s Release: 28 June 1773
From: Burbank, Silas
To:

       Whereas Richard King Esq. hath released me from Gaol where I have been sometime confined by having my body attached by a writ of Trespass in which the said Richard is Plaintiff, and John Stewart myself and others defendants at my request in consideration thereof and of five shillings paid me by said Richard I do hereby release unto the said Richard all cause of action whatsoever I have or may have against the said Richard on account of having my body attached and imprisoned as aforesaid.

        In witness whereof I have hereunto set my hand and Seal this twenty eighth day of June in the eleventh Year of his Majesty’s Reign, An. Dom. 1773.Test.Theo. Parsons
        Silas Burbank


Title: Deposition of Silas Burbank: 28 June 1773
From: Burbank, Silas
To:

       I Silas Burbanks of lawful age testify and say, that in the spring of the Year 1766, a few days before the riot at Mr. Richard Kings dwelling house, I was at the house of Mr. John Stewart, and he was talking to me about said King; he asked me if he was not a bad man, and had not done as much hurt to the people here, as Bute had done to the people at home; and afterwards, the day before the riot at Mr. Kings house, I was again at said Stewart’s house, when he talked with me about King, and told me he was a bad man; had done a great deal of hurt, had treated him very unrighteously; and that he had killed his Mare; that they were going to give him a rally; and the Mischief Mr. Stewart proposed should be done to Mr. King was, either to destroy him, or destroy his papers, or whip him, but I am not certain which of them, but am certain it was one of them: Stewart said it was a good thing, and would do King good, and make him a better man; he also encouraged me to go, told me I had better, and used arguments to persuade me to go. I then asked him if he was a going, but am not certain, whether he said he should go or not, but I very well remember he said, if he did not go, his sons should—He said it was the best thing that could be done, and urged me by all means to go; he also told me that King was a favourer of the Stamp Act. I have seen Stewart several times since the Riot, and when we were conversing about it, he always desired me to keep it a secret, and once told me, he would spend his life and fortune before anybody should be hurt by it.
       I further testify and say, that the day before the Riot at Mr. King’s house, I was talking with Amos Andrews near his house, when Andrews asked me, if I had heard what they were going to do. I asked him what? He answered we are going to pay King a visit and take him down; don’t you intend to go? You have a dispute with him, and you see how heusestrys to cheat you, and may judge by that, how he uses every body and dont you intend to show some resentment? He is a bad man, and will ruin us all, if he goes on at this rate; if something or other is not done with him, if he is not humbled, it is not worth while for any of us to live here; and he is hard hearted to the widow and orphan. I asked him who was going? He answered he was going, and all their people up their road; that every body almost was going; and that Stewart’s family was going. I asked him if he should certainly go; he said he should certainly go, and gave me his word and promise over and over again, that he would go, for he said it must be done. I asked him what he proposed to do to King if he went. He answered, we propose to take him out and cut his ears off. I told him, that would not do, for it was monstrous; he then said we will take him out and whip him; He also talked with me about the Stamp Act, and said that King was a favourer of it, and had the Stamp papers in his house; and that it was probable if that Act took place, he would be Stamp Master for Scarborough. This argument, with a vast many others, he used to persuade me to join them, and be one of them, for says he, we have already agreed upon it. He also urged me very much to go with them; said it was the best thing that could be done and it was no Sin. After the riot, he told me he was very sorry he was not there, for he was prevented by a bad belly ach, but was a well wisher to it, and would be as faithful as if he had been there; and always since the Riot, he has been very urgent with me to keep the affair secret. I further say, the Evening Mr. King’s farm house was cut down which was some time after the riot at Kings dwelling house when some persons were hanging up a dead colt before it, it was proposed to cut the house down, whilst Andrews was present, when somebody asked him if he would lend his axes; he said his axes were dull, but they might have them, and they lay on the hill before his door. I was also at Andrews’s a day or two after the farm house was cut down, and asked him if he heard them, he said yes; I asked him if he was up, no replied he, I and my wife went to bed, and I will tell you something comical; we had a Molatto, who was a bed upstairs, and when they were cutting the house down, the Noise waked him, and he called to me to know what the noise was. What noise says I. A great noise, answers he, don’t you hear it. O says I, a parcel of people are cutting down Brother Elijah Sellea’s house. What, says he, that poor lame man’s house, I will get up and help him. No don’t stir for your life says I, they will come and cut down our house, I expect, so don’t stir for your life, for you will be killed.
       I further testify and say, that the evening before said riot at Mr. Kings house, I was at Jonathan Andrews’s shop. He asked me if I had heard what they were going to do with King. I asked him what? He said they were going to have a frolic with him, that it was a very good thing for King was a bad man, and he mentioned several bad things, that he said King had done; that it was absolutely necessary something should be done with him, he was grown so arbitrary and bad. He objected against hurting Mr. King’s Interest, but proposed their taking him out and whipping him; and he encouraged the thing very much. I asked him if he was going: he said he did not know, but he believed his son would. Since the riot, he has been very urgent with me to keep the affair secret. I further testify and say, that Joseph Stewart, Timothy Stewart, Samuel Stewart, and Jonathan Andrews junr. were present aiding and assisting at the riot at Mr. Kings dwelling house.

        Silas Burbanks
        Verification omitted.

        The Deponent adds, It was in the night when I saw the person whom I supposed to be Amos Andrews, but I cannot say it was he otherwise then as I judged it to be him from the voice and appearance of the person and his Dress.
       Att. Sam Winthrop Cler.

        Sullivan expressly allows that the Witnesses swear that Amos Andrews encouraged them to mob King, which includes every supposable species of Trespass.


Title: Deposition of John Newbegin: 19 January 1773
From: Newbegin, John
To:

       I John Newbegin of Lawful Age testify and say that the Evening of the 18th Day of March 1766 Silas Burbanks spake to me and told me a number of People were to meet at his House next Evening and were going to take a walk, that he had wanted to see me a good while and ask’d me if I would come. I promised I would and accordingly I did; Timothy Stuart, Samuel Stuart, Jonathan Andrews Jnr. with several others met there the Evening of the 19th of said Month and the said Silas was present, it was then proposed by some of the Company to go down to Mr. Richard Kings to punish his Body (because they said he had been a bad Man, destroy’d the poor and taken away Peoples Estates) which was agreed to by the above named Persons and about nine oClock, (I judge it was) they set out I went with them as far as the Road against his House but did not go out of the Road. The Reason I did not was because I found by their talk they were going to carry Matters further than I expected, but the said Silas Burbank, and Timothy Stuart, Samuel Stuart Jonathan Andrews Jur. with others go into the House and Shop as they told me afterwards and were all active in breaking open the House and Shop and doing the Mischief that was done, we all return’d to said Burbanks and staid there an Hour or more; there I saw several of the said Richard Kings Notes of Hand which the said Silas either read or delivered to some of the Company to read and then they were thrown into the Fire and burnt up, one by one as they were read. Among others I remember a Note against Nathl. Milliken two or three Notes against some of the Stuarts either the Father or Sons or both all payable to said Richard, and there were among other Papers said Burbanks and some of the others shewed which were brought from Mr. Kings—Burbanks said they broke open Mr. Kings Desk to get his Papers and some or other of the Company mentioned destroying the Pewter and hacking the Walls of the House. The breaking the Windows I heard; they made a very great Noise breaking in and doing the mischief, but said but little. Further I say that we waited some time before we went to Mr. Kings for John Stuart the Father of the above named Stuarts, Amos Andrews and Jonathan Andrews, some of the Company saying they had promissed to come, and Amos Andrews afterwards told me he designed to, and should, have been there but he was not well. I have heard the said John Stuart, Amos Andrews, and Jonathan Andrews often say since that they were very glad the Thing was done, and let what would come they would bear their part of the Cost that might arise, and from frequent conversation with them, I understood clearly perceived they were knowing and advising to the said Riot before it was committed. And I know they three did contribute Money to get Burbanks out of Gaol at York where he was comitted for an Offence in rescuing some Oxen from Benja. Hooper an Officer, and the Reason they paid for him was for fear he should turn Kings Evidence if he could not get out any other Way. The said John Stuart, Amos Andrews and Jonathan Andrews always appeared as much concern’d about being discover’d as the others.

        John Newbegin
        Verification omitted.

        And the said Newbegin being asked if he saw Amos Andrews pay any money to get Burbank out of Gaol, answers that he did not, but that he went to Amos Andrews and asked him to pay it, and said Amos say’d he had not the money then but he would get it and pay it shortly.—and some time afterwards said Andrews told him he had paid it.
        Sworn in Court at Falmouth July 9, 1774.
       Att. Sam Winthrop Cler.


Title: Deposition of Jonathan Wingate: 16 June 1773
From: Wingate, Jonathan
To:

       I Jonathan Wingate of lawful age testify and say that about eight or ten days before Mr. Richard Kings house and shop were broken open in March 1766 I was in a Shoemaker’s shop belonging to one Hodgdon not thirty rods from my own house when Amos Andrews came into said shop and soon of his own motion began to discourse about the mobbing and riots that had lately happened in several parts of the province and then said the Mr. Richard King was reported to be a very bad man, took all advantages of people, was a near neighbour to him and he had found him very troublesome and he thought it would be a good scheme to mob him, and that it would do him good that such a thing had been talked of for some time in their road and he would join in it and he asked me if I would too; some days after this I was going by his door upon my private business. Seeing him standing at his door I stopped and we renewed the discourse on the same subject; which of us then began it I don’t remember; but he then said it was a very good thing to pay Mr. King a visit and to mob him; that he might be made a better man by it, and said he would go, and again asked me if I would go too; he also desired me to speak to Mr. John Stewart to ask his advice about it as I was then to go by his house about my business I accordingly went into Mr. Stewart’s house and coming out of it I met him coming in I then related to him what had passed between Mr. Andrews and me about Mobbing Mr. King as aforesaid; and that Mr. Andrews had desired me to talk with him about it; and I then asked him whether he thought it was best to do it; to which he replied with earnestness yes by all means; which I think he repeated. In my way home from Mr. Amos Andrews to Mr. Stewarts I called at Jonathan Andrews’ Shop with whom I conversed on the same subject but do not remember which of us began the conversation; he said it would be a good thing to pay Mr. King a visit and that he might be made a better man by it. I have frequently conversed with the above three persons about the riot at Mr. King’s house, since, and they have frequently expressed their approbation of and satisfaction in what had been done; and said Stewart and Amos Andrews declared they would stand by it and every one would be a fool that would not and from conversation with said Jonathan I have no doubt but he was of the same mind. Said Stewart and Amos Andrews have to my Knowledge used their endeavours by persuasions to prevent any persons from being witnesses for Mr. King and making discovery of any persons concerned and declared that nothing would be too bad for any one that should. And Amos Andrews told me he was to be and should have been present himself at the Riot, but was prevented by the Colic or the Belly Ach.

        Jona. Wingate
        Verification omitted.
        Sworn in Court July 1774
        Att. Sam Winthrop Cler.


Title: Threatening Letter Sent to King: ca. April 1766
From: Stewart, John
To: King, Richard

       In Considiration whar of a number of the Suns of liburty have Shun a mordrit resment i.e. resentment for the repeted abus which they have reseved for many yers past Do herby hartily Signyfy to the Said Riched. King that in Cas the Said riched or any Other parson Within the Couty should us greet or menthen or be insterimental of any Warants or Summen’s to be Sarvd on any Pasen or Pasens he ma Depend onit that he not onley will have houses and barnes burnt and Consumed but him Self Cut in Peses and burnt To Ashes we also think it best for him to Submit to Provadences, and behave beter for the futer and think him Self wel yoused.


Title: Deposition of Jonathan Sayward: 29 June 1774
From: Sayward, Jonathan
To:

       Jonathan Sayward of York in Said County of York, Esqr. Testifys and Says that He very well knew Josiah Beal who lately some years Since was an Inhabitant of the Town of York, but now if liveing resides in some part of Novaskhotia Government as the Deponent Supposes That he was in poor circumstances with respect to Substance when he left York, which is 8 or 10 year ago, and He has never heard that He said Beal has since his remove from York mended his Worldly circumstances.

        Jonathan Sayward

        Querys put by Mr. King,
        Do you Know that Josiah Beal has now any Estate Real or personal in the Town of York?
        Answer. The deponent says He does not Know that He Has, any, or that He has not.
        Have you heard that said Beal has a grant of two Thousand acres of land in Novascotia Government?
        Answer The Deponent has no remembrance that he has ever heard of such a Grant of land to said Beal.

         Verification omitted.


Title: Adams’ Minutes of the Review: Cumberland Superior Court, Falmouth, July 1774
From: Adams, John
To:

       King vs. Stewart—Review
       Scurlogging.
       3 Stewarts defaulted. 3 Andrews appear. By the Sullivans.
       Bradbury.
       Silas Burbank. About 10 days before the Affair, I was informed that a Number of Persons from 2 Roads, were about making an Onset on Mr. Kings House. Stewarts and Andrews’s were joined in it. I was coming down by Amos Andross’s House. He asked me if there were not a Number about making Sir Richard a Visit. He said he should go, and thought he deservd a good Whipping and to have his Ears cutt of, because he had treated him ill and others. This was the Afternoon before the Affair happened. He said King had kill’d these Creatures &c. and he deserved to be checked and corrected. He advised me to go, thought it was proper for me to go, and others. He has wrongd me and is endeavouring to wrong you and he will ruin us all if not humbled. It will be for our good and for his. There was one Person there, I believe to whom he gave a strong Encouragement to go. I know there was one. He said twice he would absolutely go. Afterwards he said he did not go, because he was taken with a bad Belly Ach. He said he was as good a Friend and or Well wisher or both, as any that was there.
       Some nights before the Church Meeting A. Andross told me the Belly Ach was relentment of Mind that he had encouraged so bad a Thing. About the same Time, the day before saw Jona, Andross senr. Said he believd he should not go, but believ’d his son would. It would be the best Way for Somebody to go, and whip him with small sticks, as he was weak and frail in Body. Jona. mentioned a great many bad Things that K. had done—killing Creatures, and would drive the poor People away, if not checked. A Person that he advised and encouraged to go, did go. Something was mentiond about the Stamp Act, this was Amos, that King was a favourer of it.
       Jona. Andrews Jnr. was in the Affair. I first saw the Party in the Road near my House near a mile and an half. Jona. Jnr. was in the Company, near and at Kings House. He went from near my House with the Company to K’s House, in the night. He said he did not know whether his father would come. Dont know that I saw him in K’s House, but saw him after the Affair was over with the Company at the Meeting House.
       Several Windows were broke.
       The Person I mention, I am inclin’d to think, would not have gone if he had not been encouraged by Men of Estates and Character.
       Neither Amos nor Jona. advised to breaking the Windows, stealing Papers breaking Desks, to cut down the House or burn the Barn. It was proposd that night to go and take him out of his House, and whip him.
       I know there was a Number of Papers destroyed. Bonds, Notes, Deeds, a great Number burnt in his House upon the Hearth and others thrown out of Doors. Many torn to Pieces, Bills of Parcells &c. dont know the Names, Dates, nor Sums. Jona. Jnr. was present and saw many of em burnt.

       Jona. Wingate. 8 or 10 days before, at Hodgdons shop, Amos Andross came in and talk’d about the Riots in the Province and said he thought it would be a very good Thing to make Mr. King a visit and to mob him and that he ought to be mobbed. A few days after, I saw him by his House, and he said he thought it would be a very good Thing, and said he would go. After the Riot, he told me he should have been there but for the Belly Ach. He spoke very encouraging, and said it was a good Thing. When I was going by his House, he said he would have me go and see Mr. Stewart and take his Advice about it. I did and Stewart advised to it.
       I knew of a Person that he advised, who was in the Mobb.
       I call’d at Jona. Andross’s. Cant tell who begun. He reckoned it would be a good Thing to make Mr. King a Visit.
       Windows were broke, and Papers destroyd. Papers were burnt. Near 20 People at the House. After 9 O Clock.
       John Newbegin. Saw K’s House next Day. It was very much damnified. Jona. Andross Jnr. was There and he told me he was in the House. I never heard of it till the Night before. I was asked, by one Person the Night before to go.
       One Note vs. D. Millikin was destroyd and several vs. the Stewarts and deeds and all the Papers there were destroyed.
       Heard Amos say he was prevented from going by the belly Ach. He said he never would be behindhand in Advancing Mony, to screen it. And he has advanced Money. He really appeard to me to be very glad.
       Jona. appeared to be well pleased with the Notion, and Jona. Junior was there. Did not hear Jona. say any Thing about it beforehand. He afterwards laugh’d and was merry about it.
       A Year or two after I heard Jona. say, that it was a bad Thing.
       The House, Windows, Desk, Wainscot, Walls, Pewter damagd. About a Year after Amos said he could take a few Bundles of flax and a Coal of fire and put under his Warehouse, and put a stop. Have heard Amos laugh about the Ladder that they could not get it together. 2 Men and one want willing, it was difficult.
       Benja. Carl. The Talk was that about 70 men were to go and talk with him and tell him that he had said he would fill Falmouth Goal with Debtors next Court. 20 or 30 did assemble. 6 went into the Windows. A desperate Outcry in the House. Heard Mr. K. cry to his servant.
       I saw a Peck of Papers or more. I said it is a Pity to destroy these Papers. They said they had got what they wanted. I said are not you a Parcell of ungratefull Writches. Burbank came to me. Cant tell who burnt the Papers. Burnt at Burbanks House.
       Such a Noise in the House as I never heard in my House. Jona. Andross Jnr. was one of the Company. Thumping, Yelling, Hooping —I thought K. was in the Extremity of Death.
       3 Stewarts there.
       Jona. Junr. proposed the whole Parish should go to the Justices, and let him take whom he pleased. There was some Meeting for that, at old Mr. Stewarts.
       Nat. Jose. Met Amos Andross, and we got discoursing about the Mob which had been at K’s. I said I was glad ont. Amos said if we had thought so We should have invited you to have gone with us. K. had my Note and I hoped mine was destroyed.
       Nath. Carl. At Amos’s Mill, he said to me, how easy a Thing it would be for a youngster that lived as near as I, to put a Coal of Fire to his Buildings. This after the Riot but before the Barn was burnt. He did not seem to me to be in earnest.
       Paul Tompson. Heard Jona. say the best Way for K to find who had mobb’d him is to go to his Books and see who he has wrong’d. He has wrongd me out of 300£. He mentiond Graffam, but did not understand him to quote Graffam.
       Lem. Millikin. K. sent to my Fathers just after the Mobb, and desird sum of Us to come. A large Quantity of Papers burnt to Ashes. K. answered they have undone me then Mrs. K. was then fainted away, could but just keep Life in her. She lay in.
       Windows of House and Store dashd all to Pieces. An Hatchet thrown into a Chamber Window and lying on the Flooer. His Desks broke to Pieces, his Wainscoat, Plaistering &c. broke to Pieces.
       Rob. 1st. I knew was the Windows coming in. Master called to me, and went back into his Chamber. I attempted to go, but the People were there, and I could not go. I went to my Gun, and she was not loaded. I said I would stop some of them. I met Master coming down to get something for Mistress. She was faint. He bid me go and get his Gun. I went and went up Chamber and found the Maid holding Mistress who was faint. Plate, Earthen Ware, Chairs, Desks, broke, Papers burnt. Stair Case hacked, Wainscot Wall hacked. 7 or 8 Windows. They broke into the shop. Window broke open.
       Mistress said Lord of Mercy where shall I go?
       John Porry. Some days after the Mob at Mr. Andross’s Jona.’s. Saw Mill, he said he was not in it, but if there was ever another he would be in it. For it was justifiable in the sight of God and Man. The Common Law could not take hold of a Mob. If he man was injured and could not get his Remedy at common law, he might take it himself.
       John Augur Millikin. April at Millikins Tavern 10 o Clock at Night. Saw the Barn burnt. Ladder was to Pieces. Amos Andrews at the other End. The Ladder would fly to Pieces 10 times—as if by Witchcraft.
       Somebody ripd the Boards off at the End, and let the Air in.
       Jona. said he believd the D———1 was in the People.
       Abraham Tyler Junr. Cost about £80 to repair what has been done. £10 L.M. to repair the Wainscoat, and staircase.
       Daniel Moulton. Saw the House and Furniture.
       Schedule of Notes, Bonds, &c. annexed to the Writ.
       Hawk. P.C. 315. No Accessories in Trespass. §16. Hire, Command, Council or Conspiracy. Approbation unless they countermand and retract their Encouragement.
       King vs. Stewart et al. Defence
       James Sullivan, for Amos Andrews.
       Abhors Mobs.
       Wingates Deposition. Taking K. out of Bed and Whipping him or cutting his Ears is not cutting his Ears.
       Law of Evid. 254. All must be Principals. None guilty but he who Acts in it.
       Hawk. 311. § 4. Woods Inst. 407. 4. Bac. 179, top. Foster 372, 369. 70. 372. §1.2. 3. Hawk. 310.

       Omnis Ratohabitio retrotrahitur, and Mandato precedenti antecedenti aequiparatur.
       No Intention to break House or burn Papers, in Amos.

       The Ladder. The axes, and Presence when the Colt hung up.
       Depositions to be treated with more care, because taken when Amos not present.
       The whole 12 Jurors must agree.
       Damages. A melancholly Tragedy. Pewter, China, &c.
       Papers.
       Fright. Pain of Mind for 1/4 of an Hour.
       Province in an Uproar, on Account of Stampd Papers.
       Shall Amos and family be beggared, and reduced to Distress for Life.
       John. Sullivan. J. Hale said it was difficult to distinguish between Crime and Person.
       No Damages to make Reparation to the Public.
       The Thought of killing sovereign is Treason.
       Ever and Never in Gilbert.

       Hawk. 311.
       The Evidence comes from Persons who were original Defendants. Burbank was Captain General.—Answer. The Andrewss were King and Ministry and Privy Council.
       Page 316.  Read§22d
       Defendants Witnesses.
       Deacon Millikin. Heard Wingate threaten to mob Millikin 6 Months before it was done. If I could perswade any Body to join me, I would mob him immediately.
       Ben Durgan. Neither of the Defendants there when the Colt hung up. In the Night I saw nor heard any thing of them. Dark overcast night. Jona. was at home when the House was torn down.
       John Gookin. King told me, as I understood him, he lost nothing of any Value. His Books, Bonds and Notes were all safe. Waste Papers destroyed. If they had put their Hands round they would have ruined him. Principal Part of the Papers they took were waste Papers and Memorandums. Dont remember his saying about the desk in the House. All in Confusion.
       James Boothbay. Had a Note there not destroyd, King Joked.
       Jotham Libby. Paid his Note.
       Mr. Graffam. The best Notes were in the draw which they never touched.
       Dr. Southgate. Saw Dr. Southgate. Gookin told me that they destroyed a valuable Number of Papers and sustained a very great Loss, and he should have been ruined, if they had not missed a valuable File of capital Notes.
       John Sullivan. What is the meaning of Mobbing. There was not one Thing done that Jona. advised to. Dont urge that mobs being in other Places, is any Justification.
       There is Evidence that Jonathan Junr. was with the rest.
       Under common law a Person wants understanding, to make him guilty of a Crime.
       3 Bac.
       The Stewarts have confessed themselves guilty, by their Default.
       People was divided about the Destruction of the Tea.
       Jona. has pd. a sixth Part of £200 which should be returned to him Exemplary Damages, not known to the Legislators.
       1. Damage to the House. 2. Furniture. 3. Papers. 4. Credit in Trade. 5. To his Character. 6. Indignity. 7. Children. 8. Wife. 9. The Terror, Cruelty and Horror of that dismal Scene. 10. Consider what the Crime was and what King might have done. He might have killed em all and been justified.
       Damages.
       1. To the House.
       2. To the Furniture.
       3. The Papers.
       4. To his Credit in Trade.
       5. To his Reputation and Character in generall. Such popular Hurricanes always scatter Dust upon a Man. They make the World suspect very often where there is no just Cause or Ground for Jealousy. The Maxim with many is that where there is so much Smoke there is always some fire, and under the Influence of this Opinion they take up a Prejudice vs. a Man without examining into the Truth. These popular Commotions always set ill humours afloat. They put licentious Tongues and Pens in Motion, as they did particularly in this Case. These Andross’s hired a Paper to be printed even in a Newspaper and to be scatterd also in Hand Bills, to asperse and blacken his Character. Every Man has Enemies. Every Enemy takes Advantage of such a season, and becomes industrious to propagate Reports true or false, to the Injury of a Man’s Character. Besides every one of the Persons who is concerned in such an Outrage has a Number of Friends, who are at once alarmed, and become anxious least the Perpetrators should be discoverd and punished, and least the World should condemn the Action as unjust. These therefore instantly join the Cry, and say in all Companies the most bitter, cruel, and often false and deceitfull Things they can think of. In short I know of nothing that happens in society which is such a Nursery of Scandal, and Calumny, of obloqui and Defamation as a Mob. Besides it is such a Gratification to the Envy and Revenge, of the most sordid, base and groveling among the Vulgar, that it gives them a Triumph and they always become insolent, impudent, and abusive to such a Man—swallow down greedily all the Lyes and dirty Tales that are told and propagate them far and wide.
       Apply this to Mr. King and to those Rioters.
       6. The Indignity offered to the Plaintiff. The Insult and Affront.
       An Englishmans dwelling House is his Castle. The Law has erected a Fortification round it—and as every Man is Party to the Law, i.e. the Law is a Covenant of every Member of society with every other Member, therefore every Member of Society has entered into a solemn Covenant with every other that he shall enjoy in his own dwelling House as compleat a security, safety and Peace and Tranquility as if it was surrounded with Walls of Brass, with Ramparts and Palisadoes and defended with a Garrison and Artillery.—This covenant has been broken in a most outragious manner. We are all bound then to make good to the Plaintiff his Damages.
       Every Englishman values himself exceedingly, he takes a Pride and he glories justly in that strong Protection, that sweet Security, that delightfull Tranquillity which the Laws have thus secured to him in his own House, especially in the Night. Now to deprive a Man of this Protection, this quiet and Security in the dead of Night, when himself and Family confiding in it are asleep, is treating him not like an Englishman not like a Freeman but like a Slave—like a miserable Turk, or Tartar. Is not this a base Affront? No Man who has a Soul, who has the Spirit of a Man in him can ever after during his whole Life, ever forget such an Indignity, tho he may forgive it. He can never think of it without Pain of Mind, without Impatience, Anger, Resentment, Shame and Grief.
       7. The Damages and Danger to his Children.
       5 young Children, all suddenly awakend, by the Dashing of Glass, the Yells, and Noises. Sudden Terror it seems is dangerous to Children. We had the last Week at York Instances. A Gun—a rap. This Danger arises from the Constitution of all Animals. A Colt once thoroughly affrightened never gets over it. A sudden fright destroys the natural Tone and Vigour of the Nerves and turns the Animal Spirits into such Channells that they never can be brought back.
       There is a natural Courage in Children, which once abated, and Habits of Fear fixed in their Minds, they never can be cured. Instances are common. Fill a Childs head with stories of Ghosts, Apparitions and Hobgoblins, and You fix such Habits of fear upon them, that all the force of their Reason shall never be able to make them walk in the dark without fear.
       8. The Danger, the real Damage and actual Cruelty, to his amiable Wife. She was at that Time far gone in her Pregnancy. She run 1000 Chances of her Life, and still greater Risques of the fruit of her Body. What had the innocent Babe in her Womb done to this abandon’d Mob, that its Existence should be put at Hazard, by their Fury, Malice, Madness and Revenge.
       9. The Cruelty the Terror, the Horror of the whole dismal scene. It would be affectation to attempt to exaggerate, it is almost impossible to exagerate, the distresses of this innocent Family, at that Time. The Excellency of a Tryal by Jury is that they are the Partys Peers, his equalls—men of like Passions, feelings, Imaginations and Understandings with him. If your Passions are not affected upon this Occasion, you will not be the Plaintiffs Peers. It is right and fit, it is reasonable and just that you should feel as he did, that you should put yourself in his Place, and be moved with his Passions.
       Be pleased then to imagine yourselves each one for himself—in bed with his pregnant Wife, in the dead of Midnight, five Children also asleep, and all the servants. 3 Children in the same Chamber, two above. The Doors and Windows all barrd, bolted and locked—all asleep, suspecting nothing, harbouring no Malice, Envy or Revenge in your own Bosoms nor dreaming of any in your Neighbours. In the Darkness, the stillness the silence of Midnight.
       All of a sudden, in an Instant, in a twinkling of an Eye, an armed Banditti of Felons, Thieves, Robbers, and Burglars, rush upon the House. Like Savages from the Wilderness, or like Legions from the Blackness of Darkness, they yell and Houl, they dash in all the Windows and enter. Enterd they Roar, they stamp, they Yell, they houl, they cutt break tear and burn all before them.
       Do you see a tender and affectionate Husband, an amiable deserving Wife near her Time, 3 young Children, all in one Chamber, awakened all at once, ignorant what was the Cause, terrifyd, inquisitive to know it. The Husband attempting to run down stairs, his Wife, laying hold of his Arm, to stay him and sinking fainting dying away in his Arms. The Children crying and clinging round their Parents—father will they kill me—father save me! The other Children and servants in other Parts of the House, joining in the Cries of Distress.
       What sum of Money Mr. Foreman would tempt you, to be Mr. King, and to let your Wife undergo what Mrs. King underwent, and your Children what theirs did for one Night?
       I freely confess that the whole sum sued for would be no temptation to me, if there was no other Damage than this.
       But how can the Impression of it be erased out of his Mind and hers and the Childrens. It will lessen and frequently interrupt his Happiness as long as he lives, it will be a continual Sourse of Grief to him.
       10. Such an Event establishes and perpetuates Rancour, Animosities and Hatreds among Families. One of these Children will never recollect the see one of the Family of Stewart and Andrews without Pain of Mind. Is it not a damage to a Man to have Quarells entailed upon him and his Family, forever, with all his Neighbours and their Families.
       11. It’s of great Importance to the Community that sufficient that exemplary Damages should be given in such Cases. King might have kill’d em all. If a Man has Humanity enough, to refrain, he ought to be fully compensated.
       12. It would be a stain of this excellent and noble Tryal by Jury, if it should not afford Justice in such Cases. There are Levellers, but they disgrace Jurys.


Title: John Adams to Abigail Adams: Falmouth, 7 July 1774
From: Adams, John
To: Adams, Abigail

       I am engaged in a famous Cause: The Cause of King, of Scarborough vs. a Mob, that broke into his House, and rifled his Papers, and terrifyed him, his Wife, Children and Servants in the Night. The Terror, and Distress, the Distraction and Horror of this Family cannot be described by Words or painted upon Canvass. It is enough to move a Statue, to melt an Heart of Stone, to read the Story. A Mind susceptible of the Feelings of Humanity, an Heart which can be touch’d with Sensibility for human Misery and Wretchedness, must reluct, must burn with Resentment and Indignation, at such outragious Injuries. These private Mobs, I do and will detest. If Popular Commotions can be justifyed, in Opposition to Attacks upon the Constitution, it can be only when Fundamentals are invaded, nor then unless for absolute Necessity and with great Caution. But these Tarrings and Featherings, these breaking open Houses by rude and insolent Rabbles, in Resentment for private Wrongs or in pursuance of private Prejudices and Passions, must be discountenanced, cannot be even excused upon any Principle which can be entertained by a good Citizen—a worthy Member of Society.


Title: Editorial Note
From:
To:

       This suit, as Adams noted in his diary, “arose from Ambition” and (apparently) from competition for the favors of the voters of Sandwich. Rowland Cotton, the town’s representative in the General Court since 1758, had lost his seat to Stephen Nye in 1761, but had then obtained the sinecure of Clerk of the House of Representatives.
       In February 1763, Nye presented a petition to the General Court on behalf of “Jabez Joseph, Indian Man of Plymouth Setting forth That he served as a Soldier ... at Crown Point in 1761, and that in his way home he froze both his feet, and lost part of both, so that he is like to be a Cripple all his days, And Praying an Allowance.” The court voted a total of £4 to be paid to Nye “to be by him delivered to Mr. Elisha Tupper for the use of” Joseph. In addition Tupper, who had apparently been Joseph’s master, was to receive £4 annually for three years, if Joseph lived so long, for Joseph’s use.
       In the summer of 1763, Cotton appears to have “presented a Memorial to the General Court ... suggesting ... a mistake” in the grant of the pension because of the court’s “supposing the said Jabez to be a legally mustered Soldier when probibelly he was not so.” The court then appointed John Murray of Rutland and Thomas Foster of Plymouth to investigate the matter. Nye told the committee that Cotton had obtained an order from Joseph’s master to receive Joseph’s wages from the Province Treasurer. When Cotton denied this, Nye said that he had seen in the Treasurer’s office not only the order but also Cotton’s receipt for the wages. The Treasurer, however, supported Cotton, and certified to the committee that Nye’s declaration was “altogether false and Groundless.” The committee then reported in Cotton’s favor.
       According to depositions in the file, Nye accused Cotton of reading the committee’s report to a group in a Boston or Cambridge barbershop and then taking it to the General Court where the Speaker read it aloud. Early in January 1767 Cotton invited Nye to call a general town meeting, “that the Inhabitants thereof might judge of the Difference between Them.” Nye failed to accept the invitation, and on January 12, before a group of townsmen at Nathaniel Bassett’s blacksmith shop in Sandwich, told Cotton: “That is a false, lying paper which you made yourself and forged the Committee’s name to it.”

       Cotton, represented by Paine, thereupon commenced an action for slander in the Barnstable Inferior Court which Adams defended on Nye’s behalf. The cause was tried on 7 April 1767, and after the jury found for Cotton in the sum of twenty shillings and costs, both parties appealed to the Barnstable Superior Court.
       There, on 14 May 1767, the case came on anew. After trial, the jury brought in a general verdict for Cotton for £7 and costs, and Nye’s motion in arrest of judgment, argued at Boston in August 1767, was overruled. Admitting that Nye had uttered the words, Adams had sought to argue that they were not actionable. The notes set out below suggest that his point was technical: the act of which Nye accused Cotton not being criminal, plaintiff could not recover without a showing of special (i.e. provable) damages. It is not clear whether this argument, which found considerable support in the authorities which Adams collected, was addressed to the court as well as to the jury. Adams’ diary entry (Document VII) shows that he attempted vainly to argue the question to the jury. His minutes (Document V) show that the court unanimously upheld the actionability of the words. It cannot be determined whether the judges gave this ruling as part of the usual seriatim charge; whether they intended it as a determination binding the jury, as in the English criminal libel practice; or whether the ruling was made upon the motion in arrest of judgment.
       There are four separate Adams minutes or notes for this case (Documents II, IV, V, VI). Their exact dating is uncertain, but the present arrangement is supported by Paine’s dated minutes of the Inferior Court proceedings (Document III).


Title: Adams’ Minutes of the Trial: Barnstable Inferior Court, April 1767
From: Adams, John
To:

      Cotton vs. Nye
       Hovey. Certificate.
       Benja. Fessenden. Bassetts Shop. Lying Papers. Set their Names to it.
       Deacon. Forster. Signd the Certificate, &c.
       Dr. Smith. Cotton said in Barbers Shop that he had a Certificate from Committee to prove Nye a Lyar. Understood that it was agreed and to be destroyd.

       John Jennings. False lying Paper, which you made yourself, and forgd their Names to it.
       Prince Tupper. A False lying Paper. Had stolen it or forgd it. Might as well do it as to put Turners Name to it. Annual Meeting, had been reading several Papers.
       Nathl. Bassett. Cotton said he had read a Certificate about Nyes lying.
       Mathias Ellis. Whether he stole that, or made another just like it he could not tell.
       Nehemiah Webb. Made out of his own Head. Had stolen it or forged it, as he did some other. Mr. Spooners Name.
       Paine. Wherever Words tend to the slander of a Mans Reputation I shall be for maintaining an Action to preserve the Peace.
       Court of Law a substitute in the Place of Passion.


Title: Adams’ Minutes of the Argument: Barnstable Superior Court, May 1767
From: Adams, John
To:

       Otis. Certificate of General Assembly.
       Law very much altered of late Times.
       To prevent Gothic Contentions and single Combats.
       High Proceedings.
       Strange 747. Order for Allom. Forgery at common Law.
       Protection from a Member.
       Possibility of Damage.
       Reason of the Thing. Injury.
       Paper indictable.
       Public Record.
       Q. If Cotton had forgd this Paper, whether he would have been liable to an Indictment for a Misdemeanor?
       4. Bac. 506.
       Made a false Record. Forgery of a Writ.
       Great Slander and Defamation.
       Court unanimous Nyes Words actionable.


Title: Adams’ Diary: 16 May 1767
From: Adams, John
To:

       The Court was fixed in the Sandwich Case. Cotton is not only a Tory but a Relation of some of the Judges, Cushing particularly.... Cushing was very bitter, he was not for my arguing to the Jury the Question whether the Words were Actionable or not. He interrupted me—stopped me short, snapd me up.—“Keep to the Evidence—Keep to the Point—dont ramble all over the World to ecclesiastical Councils—dont misrepresent the Evidence.” This was his impartial Language. Oliver began his Speech to the Jury with—“A Disposition to slander and Defamation, is the most Cursed Temper that ever the World was plagued with and I believe it is the Cause of the greatest Part of the Calamities that Mankind labour under.” This was the fair, candid, impartial Judge. They adjudged solemnly, that I should not dispute to the Jury, whether the Words were actionable or not.


Title: Adams’ Minutes of the Trial: Essex Superior Court, Ipswich, June 1771
From: Adams, John
To:

      Burnam vs. Mugford.
       Jno. Melzond. Was on board the Vessell with Captn. Burnam and Mr. Mugford. Burnam took an Hankercheif and a Purse and 1/2 Johannes in it, and some small Money. B. askd Mugford is that your Money? Yes. M. said Do you intend to keep it. M. claimed it as his Money. Said it was his Money and asked Captain Burnam if he want going to let him have it. B. said No. Cant say if the Handkerchief was his. 1/2 Jo. in the Purse. B. did not claim any Thing but the Money. I had seen M. have such a Purse and wear such a Pair of Breeches. He had a Chest on board. Dont know how M. came by the Money. M. said he brought the Money from Spain. He had a Watch which he used to keep in the Coopers Chest. C.B. was out that Night. Fortnight or 3 Weeks before. I went and made the Captains Cabbin. Dunlop the officer, and Mugford playd a Game of Cards. I saw the Cabbin open and his Trunk next Morning. B had Money in that Trunk. Mugford had Money, with him when he went to Phyladelphia. He lent 21/2 Jos. and said his father gave em to him to buy Pork. M. a foremast Hand. B. when he found his Trunk was broke he said he had lost about £4500. . The Trunk was found between the Wharfe and ship. The Trunk was generally lockd the Chest Unlock’d. 2 Hds. Molasses rolled off the Wharf that Night.
       James Mugford—father of Plaintiff. The Voyage before this, he went to Spain, and he carried with him Fish &c. which sold for £60 L.M. He had a Months pay of C.B. and the neat Proceeds of an Hogshead of Molosses, which might amount to £70 L.M. He told me he brought Money from Spain. He brought from Phyladelphia 5 Barrels flour and 1000 Wt. Bread. I gave him no Johannes to buy Pork, or anything, before he sail’d.
       Lowell.
       George Wilfords Deposition vid.
       Grist. M. told me that C. Mugford accused him with stealing Money, which he was innocent of, as the Child in the Womb. He said He carried 10 Jos. which his father gave him, to buy Pork. He did not buy it because the Pork was so dear.
       Mr. Grist. M. told me he was clear, &c.


Title: Editorial Note
From:
To:

       In the bitter verbal battling which rumbled beneath the physical violence of the pre-Revolutionary years, the heavy advantage rested with the radical press. Led by such pseudonymous journalistic swordsmen as Samuel Adams, Joseph Hawley, and Joseph Warren, the patriots skewered the administration and the loyal faction without restraint, and almost without opposition. Only one tory printer possessed sufficient journalistic skill and courage to brave the muscular threats with which Sam’s Mohawks imposed their ideas of liberty. That man was John Mein, printer of the Boston Chronicle. It was Mein, for example, who crippled Adams’ nonimportation campaign by publishing authenticated lists of the self-styled “well-disposed” merchants who, having signed the agreement not to import, were quietly landing and selling forbidden goods.
       Mein’s combative nature and his journalistic skill plunged the Boston Chronicle into controversy from the very start of its brief existence. In the first issue, under a London dateline, Mein ran a sharp attack on William Pitt, Earl of Chatham, the idol of the Sons of Liberty. A violent response by “Americus” appeared in Edes and Gill’s Boston Gazette, indirectly accusing Mein, among other things, of Jacobite leanings.

       Storming into the Gazette’s office, Mein unsuccessfully demanded that the editors name the author; returning the next day, he repeated his inquiry and was again repulsed. Finally, that evening, Mein met Gill and, by his own admission, caned him.

       Gill sued Mein for £200 at the April 1768 Suffolk Inferior Court, where with Adams as Gill’s counsel the case was tried on 28 April 1768; after a “long hearing” the jury brought in a verdict for Gill of £130 and costs. Both parties appealed. Meanwhile, Mein had been cited criminally for the assault, and at the April sitting of the Court of Sessions, had been fined forty shillings.
       At the March 1769 Suffolk Superior Court, the civil matter went to trial on Mein’s appeal, with Kent and Auchmuty defending Mein, while Otis and Adams (whose minutes appear below) represented Gill. This time Gill won again, but the verdict was reduced to £75 and costs. A motion for a new trial was made in Mein’s behalf, but later withdrawn.
       From the state of Adams’ minutes, it seems probable that he opened for the plaintiff and was followed by Kent for the defendant. Plaintiff’s evidence then went in, but defendant did not introduce any. Auchmuty closed for defendant, and Otis for plaintiff.
       Although Mein’s plea had traversed (denied) the assault, and had not attempted to justify it, the Adams minutes suggest that Mein conceded the striking but sought to minimize the damages by arguing provocation.


Title: Adams’ Minutes of the Trial: Suffolk Superior Court, Boston, March 1769
From: Adams, John
To:

      Gill vs. Mein.
       News Paper. Jacobite Party.
       Kent. Odd that Edes and Gill should desire him to be of no Party. Pitt is a fallen Angell, and given up by his Partizans, since he dwindled into a Lord. Lost. Lucre of Gain. Gain of Gain. Did not come from Salem. Mem. no Witchcraft in it. Jacobite Party, ungenerous base Insinuations. Kick upon the A—se.

       B. Edes. No Conversation past between Us, about agreeing not to abuse one Another, nor to mention one Another. The Account I published is true, all but one Word, and I am uncertain whether I said Fellow, Rascall or Scoundrel.
       Anthony Oliver. Do not remember Meins desiring Edes and Gill, not to mention him in their Paper, Mein said he would get the Printers to meet, so that they might have no Dispute.
       Auchmuty. I shall confine myself to one single Object, the Quantum of Damages. To view a Case of this sort thro the Flames of Passion, must give you a dissagreable Turn against the Rules of Justice.
       The Passions are sometimes, excused by Law. Son killing the Assailant of his father. The Husband killing An Adulterer, with his Wife, not guilty of Murder, Jury not to punish in Terrorem. Feeling, &c. Tendency to take away his Bread by publishing that a Man publishes Falsities. Sporting and wantoning with Characters. Not from Man to Man, but scattered thro whole Countries. Have not been so civil as to give his Name. If Printers will not tell the Author they must be treated as the Authors themselves.
       Auchmuty. Uncandid and uncivil, not to tell the Author. An Indication of some little Guilt, in the Mind of Mr. Gill when he desired Witnesses beforehand, to take Notice if Mr. Mein should Assault him.
       Virulence of Representation, high Colouring Rather that Mr. Adams has given it in Opening.
       “But how are they fallen off,” &c. This is to catch and byass the Reader.
       Accuse Mein of taking out of “Choice ... the most infamous and reproachfull Invectives” vs. the Patron of the Country. By his Profession depends vastly upon the public Smiles. The Insult vastly greater, upon Us, than upon Gill.
       Encomiums and Panegyricks upon Mr. Pit or the Person alluded to. 1st to be guilty of infamous Lying, and for no other End but to abuse the “best Friends and Benefactors” of the Country. A Lyar, a Traytor, and a Jacobite. Assassin, Ruffian, Spaniards Sticking and Stabbing. Henshaw and Tyng. Lye, the high Provocation. If I was to call Assassin, and Ruffian, I would in some other Place. A Man must be made of Oakum, not to feel Cutting, and tearing Characters. It is one of the greatest inconveniences, and may be attended with public Mischief.
       Otis. Weight and Bulk of the Stick. Observations a cool deliberate Action. No sudden Heat, or Ruffle of Passion. Went once and twice to the office, and took an Opportunity afterwards to beat. Gill pretends not to be a Boxer, Bruizer, Man of the sword or any Prowess whatever. I would not engage Mein, but I would beat 2 of Gill.
       He was assaulted for carrying on a Paper, in the Course of his Business. No Man I think ought to publish an Opinion that he is not able nor willing to defend.
       Mr. Cooke who lived and died in the Service of the Town whose last Words expressed Wishes for our Welfare, and Fears of the very Things that are now coming upon Us.
       Chaind between two Posts. Odd Idea of Liberty of the Press. A Fashion to raise a vast Outcry vs. this Paper. Scurrillity of Grandees. Dream or Vision, of a mutual Compact between Mein and Gill.
       Green & Russell go on in peacable quiet, harmless, dovelike, inoffensive Manner. Distinction between Bump and Tumour. Note the Diversity.
       Paper set up above all Criticism. This is but a Criticism of impartial History.

       Little nibbling quibbling Decisions in our Books about Libells and Actions of Defamation. All these decisions cannot make the Words “leave these Things to the Jacobite Party” applicable to Mein.
       Interlard and interlace with Innuendo’s.