USA > Maine > York County > Province and court records of Maine > Part 14
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[The next three papers are letters from Newman to Captain William Pepperrell, Jr., the Clerk. They were written a year after the hearing of the case in July, 1722, and speak for themselves. Whether the document above, no. 9, belongs with the earlier papers, here, or even later cannot be ascertained.]
[10 On the outside fold of a sealed letter:]
For Capt. Wm. Pepprill Att Kittery R 9d
[Inside:]
Boston July 8th 1723
Sir
These are to desire you forth with to send the same process as you Did to July Court 1722 ag'st Poor, Butler &c here being Poor & Hamilton now in town & If the Process comes by the Post I shall be able to take them before they Leave Boston, & as for Pen- hallow I design to let alone as Long as he can't be come at but no Longer which I hope (If we have peace) will be to October Court next, please to let me know by the letter you Inclos'd the Process in whether or not Mr. Gamblin has got the Executions ag'st [me? 'em?] & If he has not I beg of you to delay giving of them to him & In so doing You will very Much Oblige Sir, Yours Tho: Newman
[11] [Addressed, as was the letter above:]
For Capt Wm Pepperill at Kittery R 9
[Inside:]
Boston July 22 1723
Sir
It's a fortnight since I wrote to you to send down a Process to our Sheriffe, ag't Poor,
109
COURT OF GENERAL SESSIONS, 3 JULY 1722
Rodgers &c. here being two of them now in Town. I beg of you to send it by the Next Post otherwise It will be to Late for that they will be gone to George Town again
Sir, Yours
Tho: Newman
[12] [Addressed:]
For Capt Wm Pepperill at Kittery
R 9d
[Inside:]
Boston July 29. 1723
Sir
This is the 3d Letter that I have sent to you requesting you to send the Process ag'st Poor, Hamilton, Rodgers &c & seeing the former Miscarr'd have now sent again de- siring you by the Next post to send it to our Sheriff Capt Winslow for that here is two of the Persons now in & If I take them shall be at York in October next & then shall pay [that?] Execution & save the Charge of sending them here. I beg the favour of you to keep Mr. Gambling [illeg.] as Long as you can, for If you send the Process I can pay him at York
Sir, Yours Tho: Neman
[13 A year later Newman sent the following petition:]
To the Hon'ble his Majestys Justices of the Genneral Sessions of the peace holden at York within & for the County of York the first Tuesday in July 1724
The Petition of Thos. Newman of Boston, Tallow Chandler
Humbly Sheweth
That whereas at the Court of Gennerall Sessions of the peace holden at York within & for the County of York on the first Tuesday in April 1722 the Hon'ble his Majestys Justices order'd a Process to be Issued ag't Rob't Poor, Wm. Rodgers & several others at George Town, & also ordered an Officer to go to George Town for to Apprehend the Persons afforesd whom the Officer tho' at great Charge & Trouble was not able to accomplish by reason of their getting into a Garrison when the Officer could not come at them, so that hitherto they have Escap'd Justice & there being four of the persons Compalined of now in Boston,
Your Petitioner therefore humbly prays your honours will be pleas'd to Order that the Former process may be revived to the sessions in October next that so the Offenders may be bro't to Justice & your Petitioner as in duty bound
Shall pray &c Thos. Newman]
Presentments made by the Grand Inquest to this Court are as fol- loweth, vizt.
We present Thomas Alldon of Berwick for profaine swareing & Cursing
We present Robert Hooper of Kittery for profaine swaring & cursing
110
PROVINCE AND COURT RECORDS OF MAINE
We present Sarah Farfeild of Wells for Fornication
We present Patience Kingsbery the wife of Jo's Kingsbery of York for Fornication
We present the Town of York for want of a p'r of Stocks
CALEB KIMBLE Foreman
[The following item is filed with papers dating from this period, al- though there is no record of any action taken in the matter by the Court of General Sessions. As indicated in the text of, the document, the warrant was issued by William Pepperrell in his capacity as a single justice of the peace. It illustrates a familiar problem, and the measures which the law34 provided for meeting it.]
[Y.F. 1721-1722, No. 6.]
[On the outer fold:] To Carry Joanna Shute
out of Town
[Inside:] To the Constable of Kittery, Greeting York Ss
Whereas one Johanna Shute with her Child of New Castile in the Province of New Hampshire is Lately Come w'th her Child to Sojourn & Dweel in the town of Kittery aforesd & whereas the Selectmen of sd Kittery did give warning to sd Johanna Shute to Depart sd Town w'ch Compl't is made to me,
These are therefore in his maj'tys name to command you that you forthwith take needfull aid w'th you & to Convey the said Johanna Shute & her Child to the sd Town of New Castile where they belong, & out of the goods or Chattels or money of the sd Johanna Shute to Satisfie yourselfe for your Charge there about if any to be found in the Precinct.
Whereof you are not to fail at y'r Peril
Dated in Kittery the 22th day of Aug'st in the Eighth Year of his maj'tys Reign Annoque Domini 1722
Wm Pepperrell J: p'ce]
[7:53]
ANNO REGNI REGIS GEORGII NONO
At a Court of Gen'l Sessions of the peace holden at York for and within the county of York Octob'r 2d, 1722. Present John Wheelwright, Charles Frost, Abraham Preble, & Jo's Hammond, Esq'rs.
34 1692-93 Province Laws ch. 28, sec. 9. An Act for Regulating of Townships, Choice of Town Officers, and Setting Forth their Powers. 1 Acts and Resolves 67-68.
111
COURT OF GENERAL SESSIONS, 2 OCTOBER 1722
The Grand Inquest are as follow'th vizt
Caleab Kimble Foreman
Sam'l Hatch
Nathen Rayns
Daniel Furbish jun'r
Moses Stevens
Sam'l Milbery
Thomas Hanscom
Sam'l Savery
Daniel Varnum
Francis Pettegrove
Rich'd Nason
John Mackentier
Joseph Weeks
Whereas Mary Busey & Eliz'a Poland of Arrundell where present'd for not Attending the Publick worship of god, & it appearing to the Court that they are not Able to appear at Court considering the great Distence they Live, Ordered that it be heard & Determin'd before the Justices of the Town of Wells at what time & place they Shall Appoint
[1721-22, No. 2]
[Petition of Mary Busey (Bussey). The petition was written for her, although she signed her own name.]
[On the outer fold:]
To The Honourable Cort at York These [-]
[Inside:]
The Humble Petition of Mary Busey to the Honourable Cort
Whereas I was Sumonsed to appear at York Cort to answer to a presentment of the Grant jury for not atending the Publick Worship of God I do Humbly Enform you that the Reson Why I did not atend the Publick Worship of God Was not from any Disrespeckt thereunto But by Reson of Bodyly Ileness and a Considerable Distance from the Please [sic] of Publick Worship and the Excessive Badness of the way Being in the Winter Season which the Enhabat- [illeg.] Know the Same. and may it Please the Honourable Cort I Humbly Enform you the Reson Why I did not Come to Cort Was By Reson of Sickness and not able to Come and Gentlemen the Reson of my not Coming now to Cort is by Reson of the War and the Dangers of the Way as I hope your Honours Will Consider Which I humbly Beg your Favours
[signed:] Mary Busey]
Lisence is grant'd to John Stover to keep a house of Entertainm't untill July Next for the Town of Wells
Lisence is grant'd to Thomas Perkings of Arrundell to keep a house of Entertainm't till July Next
Lisence is grant'd to James Chadbourn to keep a Publick house of Entertainm't till July Next in the Town of Kittery
Lisence is grant'd to Cap't Elisha Plaisted of Berwick to retail Strong drink without Doors till July Next
Lisence is grant'd Ebenezer Storer of York to retail Strong Drink without Doors till July Next
Patience Kingsbery Now the wife of Joseph Kingsbery appearing
112
PROVINCE AND COURT RECORDS OF MAINE
to answer her presentm't for Fornication, She owning the fact its con- sidered by the Court that she receive Seven Strips on her nak'd back at the post and pay Fees of Court: 7s. or that She pay a fine to the King of thirty Shillings & Fees as afores'd & Stands comitt'd.
Ordered That Joseph Kingsbery be had at the Next Court to answer to the aforesaid premisses
John Furbish appearing to answer his presentm't for cursing & being thereof convicted. Its considered by the Court that he pay a fine to the Use of the poor of the Town of Kittery of five Shillings & Fees of Court: 9s & Stands comitt'd.
John Murphey being brought before this Court for Seelling of Strong drink by Small Quantitys without Lisence, & being thereof convict'd, Its considered by the Court that he pay a Fine of ten pounds & Fees of Court: 51s. The fine to be Dispos'd of vizt, one third to the poor of the Town of Arrundell, One third to the Commission'r, and the other third to Jabes Dorman the Inform'r.
[Y.F. 1722, No. 3]
[1] York Ss
To the Honourable The Justices of His Majestys Court of Gen'l Quarter Sessions of the peace for the Said County
The Information and Complaint of Jeremiah Moulton Comm'r of Excises for sd County In His Majestys behalf
Humbly Sheweth
That John Murphy on or ab't the 8th day of July last past at Arundel in The County aforesaid, did Sell unto Francis Bager [sic] one half pint of Rum, and did Then Re- ceive mony for the same contrary To The form of the Statutes in Those cases made and provided35
[Reverse:]
The sd. John Murphy pleads guilty
[2] [Warrant for the arrest of John Murphy, addressed to the Constable of the town of Arundel. Issued by John Wheelwright, J.P. 11 July 1722. At the close, below Wheel- wright's signature: "Jabish Dorman Complainant."]
[3] The Deposition of Frances Beger of full Eage Saith that he being in the house of the Rev'd Mr. John Eveleth in Arondel upon the Eighth day of July 1722. Did then and there by of John Murphey half a point of Rum and paid him Money for it.
Francis Beger
35 An Act for the Suppressing of Unlicensed Houses (etc.), 1692-3 Prov. Laws ch. 20, 1 Acts & Resolves 56-57; An Act Against Intemperance, Immorality and Prophane- ness (etc.), 1711-12 Prov. Laws ch. 6, 1 Acts & Resolves 679-682. An Act Granting . . . an Excise on Wines, Liquors and Other Strong Drink (etc.), 1715-16 Prov. Laws ch. 9, 2 Acts & Resolves 15-16.
113
COURT OF GENERAL SESSIONS, 2 OCTOBER 1722
Frances Beger appeared before me this 16th: day of July: 1722 and made oath to the truth above written, John Murphey being present.
John Wheelwright Justice peace
[4] The Deposition of Jonathan Oldes of full Eage Saith he being at the house of the Rev'd Mr John Eveleths in arondel on the 8th day of July 1722 along with Frances Beger did there se the Said frances Beger buy half a point [sic] of Rum of John Murphey and paid the said Murphey money for it.
Jonathan Olds
Jonathan Olds appeared before me this 16th day of July: 1722: and made oath
to the Truth above written. John Wheelwright
Justice Peace
John Murphey being present
[5] [Olds' and Berger's recognizance in five pounds.]
[6] [Murphy's recognizance, in £20. Sureties were James Marsh and Allason Brown.]
Capt. John Leighton Sheriff of the county of York Protest'd in Court against the county Goal as being Insufficient & Desired the Court to take order thereabouts, 36
The Selectmen of the Town of York appearing to answer Sd Towns presentm't for want of a pr. of Stocks, it appearing to the court that they have a p'r amaken, are Acquitt'd paying Fees of Court: 11s.
[7:54]
William Harmon being bound over to this Court upon Suspition of comitting Carn'l Copulation w'th Mary the Daughter of David Little- feild, he being Exam'd & nothing appearing Sufficient to convict him, Its considered by the Court he pay Fees of Court [illeg.] and be Acquitt'd.
Mary Littlefeild appearing to answer to her having a bast'd child, She owning the fact, Its considered by the court that She receive Seven Strips on her Nak'd back at the post & pay Fees of Court: 10s: or that She pay a fine to the King of 30s. & Fees as aforesaid, & Stands comitt'd.
[Y. F. 1722, No. 2]
[1] York Ss
[seal] To the Constable of Wells Greeting
Whereas Complaint hath bin made to me by David Littlefield that William Harmon hath layn Carnaly in Copulation with his daughter Mary he having Confest the Same and it being reasonably suspected that she is with Child by the sd Harmon These are therefore in his Maj'tys Name to require you forthwith to apprehend the Person of the said William Harmon and him safely keep so that he may be had before me at
36 Supra, Introduction, and 25, 27.
114
PROVINCE AND COURT RECORDS OF MAINE
my dwelling house on Monday next at two of the clock in the afternoon then and theire to be examined Conserning the Premisses. And here of faile not at your Perill. Given under my hand this 24th: of February 1721-2
John Wheelwright Justice Peace
[over] according to the for riten [afore written] warrant I have appraned [sic] the Said parson
Nathaniel Clark Constab
[2] [William Harmon's bond. This is the original, signed and sealed by "William harmon" and his sureties, Samuel Harmon and John Look. The amount of bond, £50. Witnesses were Joseph Hill and John Storer. The document was drawn by John Wheel- wright and is dated 26 February 1721-2.]
[3] [Bond of David Littlefield, and his daughter "Mary Littlefield, Junior" in the sum of ten pounds, for her appearance "before the Justices of the Court of Quarter Ses- sions" Mary Littlefield signed with her mark X, her name apparently being written in by her father, who managed a very badly written "David Lettelfield." Witnesses were "William Eatan" and Nathan Littlefield.]
[Y. F. 1722, No. 2]
[1] [Unsigned statement of Mary Littlefield, no date, no identifying notation. Written by the same hand that penned the recognizance and bond]
May it please Your honours what I can Say in the matter is as followeth. Sometime in October last past I waked in the night and found the Clothes pulled of from me and felt Somebody on the Bed (which by the Effect must be a man) and likewise felt him go of the Bed, & heard him go away and go up stairs, and go to Bed; & the Second Night after the person came again, and I waked as Before in the Night; and felt Some- body on the Bed again upon which I waked my Sister that lay with me who felt him likewise; and when he felt himself discovered he went of the Bed as Before, after which my Self and Sister got up and went to the door of the house, and Staid a Small while and then went to Bed again, after which we heard Somebody [hole in paper] Staires as before upon which my [Brother who?] Laid above Stairs felt William Harmon Coming into bed and asked him whether he had Been and Told him that he was as Cold as Ice. Said Harmon Answered he had Been out of doors, and my Mother awaking about the same time founds the doores Open, and In the morning asked who was up last Night and left the doores open. William Harmon answered he was and that he was not well this is the truth of what I know of the Matter. and I hope your honours will Judge Charitably of me though I have Been unaccountably Ensnared by the Villany of him that dars't not Bring his Actions to the light
[A series of scroll lines but no signature]
[2] The Deposition of John Wells Jun of full age testifieth and saith that some time last sumer in the year 1721 William Harmon gave him the said Wells a powder and told him that it would make the [Gurles ?] love him, or much to that purpose and further Saith not
[Reverse side:]
The within written John Wells appeared before me this 20th day of February 1721-2 and made oath to the truth therin expressed of, William Harmon being present
John Wheelwright Justice Peace
115
COURT OF GENERAL SESSIONS, 2 OCTOBER 1722
[3] The Desposition of Benjamin Taylor of full age testifieth & Saith that Some time in the year 1721 he heard William Harmon Say that he had Carnal Copulation with Mary Littlefield in the Lintey and Said that he was affraid that he had got her with child and I ask him if she wast asleep and he said she was and knew nothing [of, erased] about it and further Saith not
[In a different hand:]
York Ss
Benjamin Taylor appeared before me this 19th day of May 1722 and made oath to the truth above writen (William Harmon having bin notifyed to be present)
John Wheelwright Justice Peace
[4] The Deposition off Joseph Taylour, William Sawyer and Magdalen Mason, of full age testifieth and saith that they heard William Harmon say to Mary Littlefield when she desired him to Claim her or Condemn her, that he was sorry for what he had done; with that the Said Mason asked him whether ever he approached the said Marys Bed- room when she was a Bed and asleep and he said yes he had; then she asked him whether ever he had Carnal Copulation with her, and he said yes he had, then Said Mason Said, what and she not know of it, and he said yes he believed she never knew anything of it, and she asked him how he knew and he said he had reason to believe so and Said Joseph Taylour and William Sawyer attest to all above Written and further said not
[In a different hand:]
Joseph Taylor, William Taylar & Magdalon Mason appeared before me this 26th day of February 1721-2 and made oath to the truth above written.
John Wheelwright Justice Peace
William Harmon being present]
Eliz'a Allen the wife of John Allen & Mary Morall the wife of John Morall [their] bonds being continued from the last Court to this Court for that they are Vehemently Suspect'd to have Sworn falsly as per the process & record appears. Its considered by the Court that their bonds be continued till the Next Court of Gen'l Sessions of the peace to be holden at york for Sd county on the first Tuesday of January to answer what Shall then & there be Object'd against them on his maj'tys be- halfe relating to the premises.
Memorand'm Nich'o Morall & Josiah Winn Acknowledge them Selfes to be holden & Stand firmly bound & Oblig'd Joyntly & Severally in the penall sum of fifety pounds to be paid to our Soveraign Lord the King his heirs or Successors if the Sd. Eliz'a Allen & Mary Morall or Either of them Shall not appear at the aforesd Court & there abide the Sentences of Sd. Court & not to Depart without Lisence.
Thomas Pickerins bonds being continu'd to this Court for being the reput'd Father of a bast'd Child begotten on the body of Phebe Tanner She continuing constant in Sd. Accusation in Court face to face as also Several Evid'ces who where with the Sd. Phebe Tanner in the time of
116
PROVINCE AND COURT RECORDS OF MAINE
her Travall maketh Oath that She was Exam'd at the Same time & did then declare that Thomas Pickerin was the father of Sd. Child. Its therefore considered by the Court that the Sd. Thomas Pickerin pay to the Sd. Phebe Tanner towards the maintenance of Sd. child two Shil- lings & Six pence per week from the birth of Sd. child dureing the Courts pleasure and pay Fees of Court: thirty three Shillings & ten pence and to Stand comitt'd untill he geett Suretys to perform the Same. The Sd. Thomas Pickerin 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. Thomas Pickerin Principle, Thomas Phips Esq'r & Capt. Elisha Plaisted Suretys Acknowledge them Selfes to be holden & Stand firmly bound & Oblig'd Joyntly & Severally in the penall Sum of Sixty pounds to be paid to the Selectmen or Over Seers of the poor of the Town of York if the Sd. Thomas Pickerin Shall make De- fault in the prosecuting his Sd. appeal w'th Effect.37
Taken in Court as Att'st WM PEPPERRELL Clerk.
Phebe Taners bonds being continu'd to this Court, & being now de- livered of a bastard Child She owning the fact maketh Oath that Tho's Pickerin is the father of Sd child. Its considered by the Court that She receive Seven Strips on her nak'd back at the post & pay Fees of Court Eleven Shillings or that She pay a fine to the King of thirty Shillings & Fees as aforesaid & Stands comit'd.
[Y. F. 1722, No. 3]
[A large folded sheet gives the following record of the case as kept by Abraham Preble, J.P. The several processes and the justice's record are not numbered separately in the original, but have been numbered here.]
[1] York Ss To the Sheriffe of the County of York his under Sheriffe or deputy or Constable of the Town of York or either of them Greeting.
Whereas a Complaint hath been made to me the Subscriber this day of the date hereof that Pheebee Tanner of sd York accounted Single Woman is with Child by Thomas Pickerin of sd York the which if so is a breach of his Maj'tys Laws of this Province. This is therefore to require you or either of you in his Maj'tys name forth with to make diligent search for the sd Thomas Pickerin & to seize his body if he may be found within your precincts & bring him before me the subscriber or Sum other of his Maj'tys Justices or Justices of the peace within the aforesd County then & theire to Answer to such matters & things as shall be objected against him relateting to above sd premisses & to be proceeded against according to Law hereof fail not at your perrel given under my hand & Seal at york Febr'y: 7th: 1721-2
per Abraham Preble Just. peace
37 He did not appeal. See infra, 128.
117
COURT OF GENERAL SESSIONS, 2 OCTOBER 1722
You are alike required to Summons the sd Phebee Tanner to appear to declare the truth of the above Complaint at the time and place of said Pickerins [ --- ]38 if he may be found
[2] York Ss February the 8th: 1721/2
Then Mr John Kingsberry deputy Sheriffe brought Thomas Pickerin and Phebee Tanner before me the Subscriber one of his Majesties Justices of the peace for the County of York above sd at my Dwelling house in sd York to Answer to above sd Complaint. Then sd Pickerin was Examined if he owned the fact set forth in the Com- plaint in the Warrant, who Answered he could not own it. Then I Examined the sd Phebee Tanner upon her oath (sd Pickerin being Present) in the following words,
Phebee, you are to give direct answers to such questions as shall be asked of you, be very carefull to speak the truth, you are now upon your oath.
Quest. Do you certainly know that you are with Child
Shee answered, I do know I am with Child
Shee was asked, do you know who is the Father of the Child you now go with.
Shee Answered. I do very well know.
Shee was asked, who is the Father of the Child you are now with Child with:
And Shee answered (Looking the sd Pickerin in the face) This man, Mr. Thomas Pickerin is the Father of the Child I go with.
Then sd Pickerin was asked if he desired said Phebee should be asked any other questions upon Oath
He answer'd, no.
[Below this passage is entered in the hand of William Pepperrell, Jr., the Clerk of the Court of Sessions:
York Ss: October 2d. 1722. Phebe Tanner Own'd in Court all the above Evid'ce. Attest, Wm. Pepperell Cler]
It is considered the sd Phebee Tanner should enter into recognezance of five pounds to our Soverigne Lord the King with security for her appearance at the next General Sessions of the peace to be holden in York for sd County of York the first Tewsday in Aprill next to own her oath as aforesaid, and to Answer to such matters & things as shall be objected against her on his majesties behalf.
It is also considered that the sd Thomas Pickerin give a Bond of fifty pounds with Sureties for his appearance at afore said Court of Generall Sessions of the peace. . . .
[Last page: copies of the obligations: Sureties for Thomas Pickering were Henry Doniell [Donnell] and Joseph Plaisted; for Phoebe Tanner, John Kingsbury and Joseph Young.]
[At the bottom of the last page:]
Copies of the originall Proceeding in the aforesd premisses Exam'd: by Me
Abram Preble Jus: Peace]
Joseph Allen appearing to answer his presentm't for not Attending the Public worship of god & being thereof convict'd, Its considered by the Court that he pay a fine to the Use of the Town of Berwick of twenty Shillings & Fees of Court Nine Shillings & Stands comit'd.
38 Blank in the original.
118
PROVINCE AND COURT RECORDS OF MAINE
Ordered that the Selectmen of the Town of Kittery make a rate on the Inhabitants of the Lower parrish for the Sum of One hundred Pounds & that it be commit'd to the Constable of Sd parrish to collect & made payable to Henery Bartter for there present minesters Sallary this present Year, & that the Sd Bartter be Direct'd to pay it Accord- ingly.
[7:55]
Presentments made by the grand inquest to this Court are as follow'th vizt.
We Present Phebe Tanner of York for Fornication
We Present the Town of Kittery for Defect in high ways Espeshely two Bridges at Mrs. Curttis's
We Present Mr. Ebenezer Coburn of york for Seling drink by the complaint of Mr. John Woodbridge
We Present Elizabeth Shears now the wife of John Allen for Forni- cation
CALEB KIMBLE Foreman
ANNO REGNI REGIS GEORGII NONO:
At a Court of Gen'l Sessions of the peace holden at York for and within the County of York January 1st: 1722/3 Pres- ent Charl's Frost, Abraham Preble, & Joseph Hammond Esq'rs
The Grand Inquest are as follow'th vizt
Caleb Kimble Foreman
Rich'd Nason
John Mackentier
Sam'l Hatch
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