USA > Maine > York County > Province and court records of Maine > Part 13
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[7:51]
Thomas Pickerins bonds being continued to this Court by Complaint of Phebe Tannor for begeting her with Child, She not being delivered its considered by the Court he be comitted untill he give baile to the Value of fifty pounds for his appearance at the Next sessions and to perform what Shall be by the Sd Court awarded against him & not to depart without Liberty from Said Court.
Memorand'm Thomas Pickerin principle, Thomas Phips Esq'r and Capt. Elisha Plaisted Suretys, Acknowledge them Selfes to be holden & Stand firmly bound & Obliged Joyntly & Severally in the penall Sum of fifty pounds unto the Selectmen or Over Seers of the Poor of the Town of York for his the Said Thomas Pickerins appear'ce at the Sd. Next sessions & to abide the order of Said Court and not to depart with- out Lisence.
Phebe Tanner being bound over to this Court as per the recogni- sance, She appearing & continuing in her Accusation in Saying that Thomas Pickerin is the father of the Child She now goo'th with, Its considered by the Court She give baile to the Value of five pounds for her appeareance at the Next sessions.
Memorand'm Phebe Tanner Principle, Jon'a Baine & Jerem'a Moul- ton Jun'r Suretys, Acknowledge them Selfes to be hold & Stand firmly bound & Obliged unto our Soveraign Lord the Kings majs'ty in the penall Sum of five pounds to be paid to him or [his] heirs or Successors if the Sd Phebe Tanner Shall not appeare at the aforesaid Court and there abide the Sentence of Sd Court & not to depart without Lisence
William Harmon being bound over to this Court upon Suspicion of comiting Carn'l Copulation w'th Mary the Daughter of David Little- feild and this Court being Informed that the Said Mary Littlefeild is with Child, Its considered by the Court that he give baile for his ap- pearence at the Next sessions to be for this county.
Memorand'm William Harmon Principle, Richard Smith & William Baile [sic] Suretys Acknowledge them Selfes to be holden & Stand
101
COURT OF GENERAL SESSIONS, 3 JULY 1722
firmly bound & obliged Joyntly & Severally in the penall Sum of Fifty Pounds Curr'tt money unto the Selectmen or Over seers of the Poor of the Town of Wells for his the Sd William Harmons appearance at the Sd Next sessions & to abide the order of Said Court & not to depart without Lisence
Lucy Allen appearing to answer her presentment for having a bas- tard Child. She owning the fact, maketh Oath that Martin Jose is the Father of Sd. Child. Its considered by the Court that She receive Seven Stripes on her naked back at the post & pay Fees of Court 16s. or that She pay a fine to the King of forty Shillings & Fees as aforesaid & Stands comitt'd.
Ordered that the Selectmen of the Town of Kittery make a rate of Eighty Six pounds on the Inhabitants of the upper parrish of Kittery for this present year and that it be comitt'd to the constable of Said parrish to collect, And that the Selectmen take Effecttual care it be paid to the minest'r
[7:52]
Martyn Jose being bound over to this Court by Charles Frost Esq'r one of his maj'tys Justices of the peace for Said county for being the reputed Father of a bast'd child begotten on the body of Lucy Allen She continueing constant in Sd Accusation in Court face to face as also Mary King & Lydia Gowell who where w'th the Sd Lucy Allen in the time of her Trav;l maketh Oath that She was Examin'd at the Same time, & that She constantly Affirmed that Martyn Jose was the Father of Sd. Child, Its therefore considered by the Court that the Sd Martyn Jose pay to the Sd. Lucy Allen toward the mainainence of Said Child two Shillings & Six pence per week from the birth of Said Child dureing this Courts pleasure & pay Fees of Court twenty Nine Shillings & foure pence, & to Stand comitt'd untill he geett Suretys to perform the Same. the Said Martyn Jose appeals from the above Sentence to the Next Court of Assize & Gen'l Goal Delivery to be holden at York for sd County.
Memorand'm the Sd Martyn Jose principle Nicho Morrell & John Morrell Suretys Acknowledge them Selfes to be holden and Stand firmly bound & obliged Joyntly & Severally in the penall Sum of Sixty Pounds to be paid to our Soveraign Lord the King his heirs or Succes- sors if the Sd. Martyn Jose shall make default in the Prosicuteing his Sd. appeal w'th Effect
Taken in Court as Attest
WM PEPPERRELL Cler
102
PROVINCE AND COURT RECORDS OF MAINE
[Superior Court of Judicature, Court of Assize, etc. held at York 15 May 1723. Sewall, C J., Dudley, Quincy, JJ.
Jose v Allen
The Court Declare the sd Martin Jose to be the reputed Father of the said Bastard Child, and therefore Order him to pay to the sd Lucy Allen after the rate of Two Shillings and Six pence per week from the birth of the sd Child to this time, and per week weekly until the further Order of this Court.
Records Sup. Ct. Jud., 1721-1725, fol. 124.]
[Y.F. 1722, No. 4]
York Ss To the Sheriff of the County of York his under Sheriff or Dep'ty or Constables of the Town of Berwick in Said County or to any or either of them
[Seal] Greeting
Whereas Complaint is made to me the Subscriber one of his Majestys Justices of the Peace for said County by Robert Allen of Kittery in the County aforesd husband-man that his Daughter Lucey Allen Single woman was begotten with Child by Martin Jose of Dover in the Province of New: Hampshear Laborer and that his Said Daughter was Delivered of sd Child Some time in the Month [of] October Last, that She did Some time before her Delivery make Application to Charles Frost Esquire one of his Maj ts Justices of the Peace for Said County who Issued out a warrant for the Apprehending Said Martain Jose but he Absconded & was not to be found. The Charge of the Main- tainance of Said Child is born by the Said Complainant [i.e., Robert Allen] to his Very great Damage as he Saith.
These are therefore to require you in his Maj'ts Name forthwith to Apprehend & Secure the Person of the Said Martain Jose and bring him before me or Some other of his Maj:ts Justices of the Peace for Said County to be Examined Touching the Premises And further Proceeded Against, As to Justice doth Appertain According to Law.
Hereof fail not at your perill
Given under my hand and Seal at Kittery this 27th day of Apprill in the Eighth year of his Maj'ts Reigne Annoque Domini 1722
Jos: Hammond
A True Copie Exam'd
per Charles Frost J Peace
[In the hand of the Clerk, William Pepperrell:]
The Defend't pleads not guilty
[Reverse:]
York Ss Apprill the 28th 1722
Pursuant to the within warrant to me Directed I have taken the body of the within named Martain Jose
by William Leighton Dep'ty Sheriff
Anno Regni Regis Georgii Octavo [2]
York Ss. Kittery Aprill 30th, 1722
Martain Jose of Dover in the Province of New Hampshirebourer being brought before me and being charged to have begotten a Barstard Child on the body of Lucey Allen of Kittery in the County of York Singlewoman, he the Said Jose on his Examina- tion denyed the fact and inasmuch as the Said Child is like to be charged to the Town
103
COURT OF GENERAL SESSIONS, 3 JULY 1722
of Kittery, It is therefore Considered that the said Jose be bound over to the Next Court of Generall Sessions of the Peace to be holden for the County of Yorke to be further Examined touching the fact and further to do and receive According to Law, and that the said Lucey Allen be fourthwith Apprehended in order for her being bound over to Said Court to be further Examined touching the premisses and also to do and receive According to Law
Charles Frost Justice Peace
A True Copie
Exam'd per Charles Frost J. Peace
[3.] [Copy of Jose's recognizance and bond, dated 30 April 1722, in the amount of fifty pounds. Sureties were Nicholas Morrell and John Furbush of Kittery, styled yeomen. Witnesses were William Leighton and Charles Frost, Jr.]
[4.] [On the outer fold, in Joseph Hammond's hand:]
Mistress King & Lydia Gowells Depositions to be given in at the Next Sessions of the peace
[The depositions:]
Mistress Mary King being Sworn Saith that on the 16th day of September Last She was with Lucy Allen of Kittery Singlewoman when She was delivered of a Child and that She the Depona't did Examin the sd Lucy in the time of her Travel & Exreamity, who was the father of sd Child, And She Constantly Affirmed that Martyn Jose of Dover was the father thereof. She put the Question to her Severall times and charged her to be very Carefull to Speak the truth.
Taken upon Oath June 27th 1722: Before Jos Hammond J: Pac
York Ss July 3d 1722 Own'd in Court Attest Wm Pepperrell Cler
Lydia Gowell being Sworn Saith that She was present with Mistress Mary King at the time aforesd when Lucy Allen was Delivered of the abovesd Child And very well remembers the Examination as Above and the sd Lucys Constantly Affirming that Martyn Jose was the father of sd Child
Taken upon Oath June 27th: 1722 Before Joseph Hammond J: Pacis
Yorks Ss July 3d 1722 Own'd in Court Attest Wm Pepperrell Cler
Lodowick Macgoon & Sam'l Rodgers formerly resid'ts in George Town being brought before this Court for thretning & abuseing Abra- ham Ayers Deputy Sheriff to John Leighton Esq'r high Sheriff of Said County, and being thereof convict'd, Its considered by the Court that they pay a Fine of ten Shillings Each to the King and Fees of Court 27s 7d Each & to Stand comitt'd.
Thomas Newman Enters a Compl't ag'st Lodowick Macgoon & Sam'l Rodgers for threatening & abuseing of him as per the Comp'lt or Information & Evidence produced ag'st them, whereof they are con- vict. Its considered by the Court that they pay a Fine of twenty Shillings Each to the King & Fees of Court 27s7d Each: and that they give bond with Suretys for their good behavior till the Next sessions.
Memorand'm Lodowick Macgoon & Sam'l Rodgers principles.
104
PROVINCE AND COURT RECORDS OF MAINE
Nich'o Gorson & Withers Berry Suretys Acknowledge them Selfes to be holden & Stand firmly bound & obliged Joyntly & Severally in the penall sum of five pounds Each principle to be paid to our Soveraign Lord the King his heirs or Successors if the Said Lodowick Macgoon & Sam'l Rodgers or Either of them Shall not be of good behavior towards his maj'ty & all his Liege People untill the Next Court of Gen'l sessions of the peace to be holden at York for Said county
[Y.F. 1722, No. 4]
[1. The story is first taken up by Abraham Ayers of Falmouth:]
York Ss: To the Worshipful the Justices of his Majesties Court of Quarter Sessions now holden at York in the County of York aforesd this 2'd day of April 1722
The Complaint of Abraham Ayrs of Falmouth humbly Sheweth, that,
On the tenth day March last past he being employed by Jno Leighton Esq'r High Sheriff of the County of York as his Deputy had Occasion to pass through the Town of George Town, and there was denyed entertainment by Jno Butler, In holder of that place, and also his life was endangered by [Lodowick]33 Macgown at the Same time who then presented a firelock at him and cock't her Saying he wondred whether She would fire or no, and keept his sd peice cockit and presented ag'st your Complainant as he past along by sd Macgowen which gives reason to Suspect that he designed him some bodily harm
On Munday the 12th: of March Seven or eight men came armed down to Capt'a Penhallows house and as I have been informed by those that were Standers by [in- serted above line in darker ink: & as Newmans wounds sufficiently demonstrate] did Violently Assault Thomas Newman and abuse him without any provocation, and Stab'd him in the head and in the left arm & [he] was in danger of being Murdred till rescued by one of the Selectmen and other Englishmen. The affray being thus ended, the aforesd Macgown being armed with a gun and Pistol furiously threatned your Complainant that he had as good beat out his brains ag'st some timber at which he then pointed at, as touch any man there, & that if the High Sheriff or all the Sheriffs in the County were there they should not touch any man, and further told your Com- plainant that he look't like a rogue
At the Same time Sam'll Rogers held up a large Walnut stick or Club, threatned your Complainant & bid him keep of[f] & not come within reach of his Stick
And Jno Butler went armed with a Pistol to the terror and affrighting of your Com- plainant [added in dark ink: which sd Pistol Butler told Esq'r Penhallow was for fear of Indians, but (rest scratched out) ] and others [illeg.] as I am enformed, and two days after he passt through the Town with a drawn Sword and a Pistol and declared as I have been informed [added: & Indeed In mine and many other Judgm'ts by his former Action ag'st sd Newman] that he would kill Tho: Newman if he could & that then he should have a fair Tryal for his life
All which is contrary to the peace of our Sovereign Lord the King his Crown and dignity
Therefore your Complainant humbly prays that your Worships will please to con- vent [sic] the sd offenders before you and cause them to give Security for the preserva- tion of the peace and further to deale with them as to your Worships Shall Seem Fit
Abraham Ayers
[In the dark ink that was used to interline additions in the above:] Witnesses to prove
33 Left vacant by the writer.
105
COURT OF GENERAL SESSIONS, 3 JULY 1722
the above Compl't, Namely John Penhallow, Esq'r, Edmund [illeg.] of Newberry Junior, Wm Craige of Georgetown, [ ------ ] Avery a soldier in Capt Penhallows Company, Charles Matthews mate of Williams's sloop of Salem, Rob't Poor of George Town, Zachariah Trescot and Tho: Newman who declare that he is very well assured that all the above allegations can be substantially prov'd upon oth.
[2] Abraham Ayers declareth that in regard he is an Officer, & oblig'd to go unto George Town att all proper seasons, when thereto Lawfully required, Prays your Honours to Consider of these Allegations allready Exhibited to your Honours that he may be Enabled to proceed in the Lawfull discharge of his Office, which at Present he can't Officiate at George Town without great [illeg.] of his life.
Abraham ayers Depty Sheriff
York April 5th 1722.
[3] To the Hon'ble his Majestys Justices of Quarter Sessions now holden at York in the County of York affore'sd this 6th day of April 1722
The Information of Tho: Newman of George Town in the County of York Tallow Chandler,
Humbly Sheweth That on Saturday March 10th 1721-2 he Arriv'd at George Town with Mr Abr. Ayres Dep'ty Sheriff & on the Monday following I was going thro' the Town in Company with Zach: Trescot, Leiut of sd Town & was overtaken by John Butler, [Lodowick] Mackgound, Sam'll Rodgers, Wm Rodgers, George Hamilton, Colum Smith, Rob't Love. And as wee pass'd along the Road, Mackgound & Sam'll Rodgers, Said that no Officer should dare to touch any man in that River, & as we pass'd over the Causey Near to Esqr: Penhallows Wharfe, Wm Rodgers who had a sword under his Arm, gave me many abusive Names Endeavoring to Strike a Quarrell with me which I carefully avoided untill wee got to the Wharf & then Wm Rodgers gave your Compl't two Blows with the hilt of his sword upon which one of his Company took away the sword & gave him a stick with which he struck me severall times, & I desired the persons present to take notice that I made no Resistance & at same time Rob't Poor the late Constable came to [us?] Saying kill him, kill him, kill him & as I Endeavor'd to get on Board Wms Sloope sd Wm Rodgers & his Accomplice John Butler Stept up to me & put his legs between mine fix't to thro' me between the Sloop & the Wharf, but as soon as I was on board sd sloop Wm Rodgers struck me Severall times with a stick (his Accomplice all this time Looking on) at Lenght [sic] I struck him with my fist & knock'd him down, & Imediatly, I was stabb'd in my Left arm & Assalt'd by sd Rodgers & Accomplices namely Butler, Mackgound, Sam'll Rodgers, Hamilton, Smith, Love who knock'd me down & stabb'd me in the head which Glancing upon my Skull ran about 2 Inches between my skull & the flesh, but I being Rescued by Leiut Trescot & some English men & got in to the sloops fore castle the mate protected me with [a] Blunderbuss not suffering any but English to Com where I was. And after wards I was Oblig'd to Lodge at Mr Denny for ab't ten or twelve days all my friends advising of me not to go home to my family & indeed I do verily believe that the Af- foresd Rodgers, Mackgound, Butler &c would have murder'd me [About two lines lined out here.] & Shall now be Oblig'd to Remove my family from George Town & do really believe that unless some proper & speedy Method be taken to suppress the af- foresd Butler, Rodgers, Mackgound &c no Officer can Officiate as Sheriff without great danger of his Life, & severall persons whose dep't was necessary to be taken before Esq Penhallow for this Court where [sic] afraid to appear upon any aco't wherein sd Butler, Poor &c where concern'd
[signed:] Tho: Newman
Memorandum Rob't Love afforementioned told Mr A Ayers that If Esqu Pen- hallow gave him a Crooked word he would Break his head as soon as any man. Witness Abr Ayers, Edm'd Tapping of Newbury
106
PROVINCE AND COURT RECORDS OF MAINE
The names of the other Persons who can prove my Information to your Honours are as follows, vizt. Zachariah Trescot, Luke Noyce, Avery a soldier in Cap't Penhallows Company, Edmund Tapping Junior at Newbury, Adam Mack [Mock] & Rich Davis both of Georgetown & Sam'll Pike of George Town
[4] [The complaint lodged with the justices at the July Court:]
To the Hon'ble his Maj'stys Justices of the Generall Sessions of the Peace holden at York in the County of York on the first Tuesday of July
The Compl't of Tho: Newman late of George Town in the County of York now an Inhabitant of Boston in the County of Suffolk in New England Tallow Chandler, in behalf of the King
Humbly Sheweth that on or about Monday March 12 1721-2 about nine or ten of the Clock in the Morning Lodovick Mac gowne, Sam'll Rodgers, Wm Rodgers, Column Smith, Rob't Poor, George Hamilton, Rob't Love, & John Butler all of George Town afforesd, Armed with sticks, a sword, a Gun & Pistols upon the Wharf of John Penhallow Esqu at George Town Afforesd & also on Board the sloop of Rob't Williams then lying at sd Wharf, did in a violent & Riotous Manner Assault the Compl't by stabbing of him on the head, & left arm also with a sword or swords with many other Greivous abuses at the same time carry'd on by the persons above named to the great danger of your Compl'ts life, & Contrary to the Peace of our sovereign Lord the King. Your Compl't therefore Humbly prays that the sd L. Mac gowne, S. Rodgers, Wm Rodgers, C. Smith, R. Poor, Geo Gamilton, R. Love & J. Butler may be apprehended that so they may be brought to Justice for such there Barbarous & Riotous action
[Signed:] Tho: Newman
July 3d 1722
York Ss 3d July 1722 Sworn in Court Attest Wm Pepperrell Cler
[5] [The warrant, issued per curiam by the Clerk, dated 18 May 1722. At the bottom:]
You are also to summon John Penhallow, Esq'r; Edm. Tapen Junior; William Cragg; Zach'a Trescot, Joseph Avery, Charles Marthous, Adam Mok, Richard Davis & Sam'l Pike to Appear at the Same time & give Evid'ce relateing to the above premises, & that you Notifye the sd Abraham Ayers to be present at the above sd. Court
Per Curiam Wm. Pepperrell Cler
[Reverse]
York Ss July 24: 1722
pursant to the within to me Directed I being on the Island of Gorge towne I Saw one of the men which was Shown to me to be one of the men which I was in pursue after & he Run & mad his a Skape frome me
by Nich'1 Morroll D Shireff
[6] [A warrant to the sheriff of Suffolk County, for the apprehending of Lodowick Mc- goun and Samuel Rogers, "formerly resid'ts in George Town." This was dated 20 June, 1722. On the reverse appears the following return:]
Boston 27 June 1722 Suffolk Ss
By virtue of this his Maj'ties warant to me direct'd I attach'd the bodys of the within naimed Lodwick Macgoon & Samull Rodgers, and caried them before John Chandler Esq'r one of his Maj'ties Justices for sd County who caus'd them to recognise for their appearence at the time and place within mentioned, as may more fully appear by sd recogniz'es sent here with
Edward Winslow Sheriff
[Memorandum of the recognizances taken by John Chandler, Esq., J. P. for the
107
COURT OF GENERAL SESSIONS, 3 JULY 1722
County of Suffolk. Bail was fifty pounds. Sureties were Richard Love, "merchant" and Jarvis Bethune, "trader." The memorandum was dated 27 June 1722]
[7] Tho: Newman of full age testyfyeth in behalf of the King that on Monday March the 12: 1721-2 ab't 8 or 9 in the Morning as he was going thro' the Town of George Town he was stopt by Sam'll Rodgers & Lodowick Mackgound, & severall others who Ask'd this dep't if the Sheriff had any warrant ag't any of them. I told them that I did not know of one; after which this Dep't heard sd Sam'll Rodgers & Mackgound say that no Officer should take any man in that River [Last three lines crossed out.]
York Ss. July 3'd 1722
Tho: Newman
Sworn in Court Attest Wm Pepperrell Cler
[8] Luke Noyce of full Age Testifieth that on or about Monday March the 12th: 1721-2 about 9 or 10 a clock in the morning this Deponant was going on Board Mr. Williams Sloop then lying at the Wharf of John Penhallow Esquire at George Town in Company with my Master Thomas Newman & Leiut Trescutt & upon said Penhallows Causey (so called) was over taken by Lodowick Macgone, Samuell Rodgers, Wm Rodgers, John Butler, Column Smith, Robert Love, And as they went along William Rodgers turned twice upon sd Newman & lift up his Sword as if he would Stick sd Newman, but he did not untill they got upon the Wharfe & Newman was going on board the Sloop, at which time without any provocation given on sd Newmans part as this Deponant could discover The said William Rodgers gave sd Newman two blows with the hilt of his sord at his head which he received with his hand or Arme, Calling out saying take Notice I dont strike him, at which time samell Rogers Spoke to said Newman & pulled him by the sleave to go with him, which sd Newman refusing, and endeavoured to get from them on board the sloop, And as said Newman turn'd his back to Samuell Rodgers, he held up his hand makeing a Sign to William Rogers to strike said Newman again as this Deponant then thought, which was Immediately done, and the sd Wm Rodgers Struck said Newman Severall times with a large Knotted stick like a Crabb stick that was put into his hands by another that took his Sword, but whom that was this Deponant was not Certain, and as sd Newman stepped from of[f] the Wharfe on Board the sloop, John Butler who had a Large new stick in his hand stept up to sd Newman [and] Endeavour'd to Tripp up sd Newman, & throw him between the Sloop and the Wharfe, as this Deponant doth verily believe, the sd Wm Rodgers at same time following said Newman striking of him, with Macgoon, Sam'll Rodgers, Smith, Butler, Love hovering close about sd Newman, who after he had received Severall blows on the head &c on board the Sloop by Wm Rodgers, he struck sd Wm Rodgers but was Immediately down upon the Deck himselfe, and all those aforementioned Except Leiut Trescutt were upon him & Sam'll Rodgers this Deponant Saw have sd Newman by the hair & kicking of him on the head & face & Dragged him by the hair to get him over the Sloops Gunell, but was prevented by Mr Williams the Sloopman & his mate who with Leiut Trescutt & others having Resqued sd Newman got him into the sloops fore- castle When [where?] Rodgers & others would have followed him but was prevented By the mate who presented a Blunderbush [sic] at them threatning to kill them who should force themselves into the foreCastle after sd Newman, and as Leiut Trescut Endeavour'd to resque sd Newman, Magowne struck at Trescutts head with the But end of his Gun, which being taken from him, he took a Pistoll from his side and struck at Trescutts head therewith who catcht the Pistoll with his hand, and then Macgown Clos'd with him and flung him over the Windlass, and being parted Macgown told him that none but a Rogue would help Newman, & Whilest Wm Rodgers was Assaulting sd
108
PROVINCE AND COURT RECORDS OF MAINE
Newman upon the Wharfe Robt Poor the late Constable of George Town came runing up to them Saying aloud Kill him a Rouge Kill him
[Signed:] Luke Noys
York Ss: July 3'd 1722 Sworn in Court
Attest Wm Pepperrell Cler
[9 A scrap of paper torn from another document, with the following on the reverse:]
Tho: Nemans Travelling Charge as an Evidence ag'st W Rodgers & Macgoun in behalf of the King upon my own Compt,
from Boston to York 70 mile 0: 17. 6
To D'o Luke Noyce 0. 17. 6
& to two days Attendance Each
0. 8. 0
Tho: Newman D'o from Boston to [York] as an Evidence for the Sheriff 0. 17. 6
To two days Attendance 0. 4. 0
3. 4. 6
[This was carelessly done: no dates were given for what were, clearly, two trips by Newman from Boston to York. The sheet from which the scrap was torn also had to do with this case: "Rodgers" and "Macgown" are referred to: the words "call'd this dep't severall abusive names" also appear.]
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