USA > Maine > York County > Province and court records of Maine > Part 15
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Nathen Rayns Rich'd Stimpson
Moses Stevens
Sam'l Milbery Daniel Furbish Jun'r
Sam'l Savery
Daniel Varnum Thomas Hanscom Francis Pittegrove Joseph Weeks
Eliz'a Shears Now the wife of John Allen appearing to answer her presentment for Fornication & being thereof convict'd, Its considered by the Court that She receive Seven Strips on her nak'd back at the post & pay Fees of Court Seven Shillings, or that She pay a fine to the King of thirty Shillings & Fees as aforesaid, & Stands committ'd.
James Carr appearing to answer to his profaine Swareing & cursing at the time of the Seetting of the Court, he owning the fact, Its consid'd that he pay a fine to the Use of the poor of the Town of York of 10s and Fees of Court 8s. & Stands committ'd.
Ebenezer Cobourn appearing to answer to his Seelling of Strong
119
COURT OF GENERAL SESSIONS, 1 JANUARY 1722/3
Drink by Small Quantitys without Lisence, no one appearing to Prosi- cute him, he is Acquitt'd paying Fees of Court: 7s.
Joseph Maine & Nathen Addams being bound over to this Court by Wm Pepperrell Esq'r one of his maj'tys Justices of the peace for Sd. county upon Suspition of Stealing of Apples from Charles Trafton as per the process and record, there not being Sufficient Evidences to convict them, Its considered by the Court that they pay Fees of Court: £3"16"6 & be Acquitt'd.
The Town of Kittery appearing by John Leighton Esq'r & John Adams two of the Select'm thereof to answer their presentmt for want of Sufficient high ways, they Alleaging that they had don their Duty and Chosen Serveayors as the law directs, Its therefore considered by the Court they be Acquit'd paying Fees of Court 8s:
Joseph Kingsbery appearing to answer to his being Accused of being guilty of the Act of Fornication w'th Patience his now wife, he Ac- knowledging the fact Its considered he receive Seven Strips on his nak'd back at the post & pay Fees of Court: 7s. or that he pay a fine to the King of 30s. & Fees as aforesaid & Stands committ'd.
[7:56]
Eliz'a Allen & Mary Moralls bonds being continu'd to this Court for that they are Vehemently Suspect to have Sworn falsly as per the process & Record appears; they appearing & desireing to be try'd by a Jury, the Grand Jury being Dismist, Its considered by the Court that their bonds be continu'd till the Next Court of gen'l Sessions of the peace to be holden at york for sd county in Apr'l & that the papers be then given to the grand Jury. Memmorand'm: Nich'o Morall & John Allen 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 Success'es if the Sd Eliz'a Allen Shall not appeare at the aforesaid Court & their abide the Sentence of Sd. Court & not to depart without Lisence. Memmorand'm Nich'o Morail & John Morrall Acknowledge them Selfes to be holden and Stand firmly bound & Oblig'd Joyntly & Seaverally in the penall sum of fifety Pounds to be paid to our Soveraign Lord the King his heirs or Success's if the [sd] Mary Morall Shall not appear at the above Sd Court & their abide the Sentence of Sd. Court & not to depart without Lisence
Jon'a Nason presenting a Pertition to this Court. Praying that his son might be discharg'd from John Kingsbery his now master for the
120
PROVINCE AND COURT RECORDS OF MAINE
reasons Seett forth in Sd. Pertition, Ordered that the Sd Kingsbery be Served w'th a copy of Sd. Pertition to Shew reason if any he have wherefore the prayer of Sd. Pertition ought not to be granted; the Sd. John Kingsbery Sending to this Court desireing it might be continu'd till the Next Term, Its considered by the Court that his request be grant'd.
James Rankings being bound over to this Court by Abraham Preble Esq'r One of his maj'tys Justices of the peace for Sd county, for being the reput'd Father of a bast'd child begott'n on the body of Deborah Spencer as per the Process & record appearing. Its therefore con- sidered by the Court that he pay to the Sd. Deborah Spencer 2s6d per week (from the birth of Sd. child during this Courts pleasure ) towards the maintenance of Sd. child & that he pay Fees of Court 14s. and to Stand committ'd till he geett Sufficient Suretys to perform the Same- Except he Marry her.
Ordered that the process against Daniel Grant be continu'd.
Deborah Spencer appearing to answer to her having a bastard Child She Owning the fact, Its considered that She receive Seven Strips on her nak'd back at the post & pay Fees of Court 13s. or that She pay a fine to the King of thirty Shillings & Fees as aforesd. & Stands com- mitt'd.
Presentm'ts made by the Grand inquest to this Court are as followeth vizt.
We Present Thomas Gooding of Berwick for profaine cursing & Swareing
We Present Deborah Spencer of york for having a bast'd Child.
CALEB KIMBLE Foreman
ANNO REGNI REGIS GEORGII NONO
At a Court of Gen'l sessions of the peace holden at York for & within the county of York; April 2'd 1723. Pres't John Wheelwright, Charl's Frost, Abraham Preble, Jo's Ham- mond & Jo's Hill Esq'rs
The Grand Inquest are as followeth vizt
Imprimis Caleb Kimble Foreman
Sam'l Hatch
Nathan Rayns
Daniel Furbish Jun'r
Moses Stevens
Sam'l Milbery
Thomas Hanscom
Sam'l Savery
Daniel Varnum
Francis Petegrove Jo's Weeks
Rich'd Nason
John Mackentier
Rich'd Stimpson
John Watson
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COURT OF GENERAL SESSIONS, 2 APRIL 1723
[7:57]
The grand inquest for the year Ensuing being Sworn are as followeth vizt
John Sayword Foreman
Noah Emery
Thomas Gooding
Thomas Perkings
Will'm Brooks
Sam'l Tredwell
Henery Simson jun'r
John Mogridge
Daniel Low
Elihu Parsons
Jo's Billing
George Butland
Sam'l Donnal
Josiah Gudridge
Pemblton Fletcher
George Hammond being bound over to this Court by William Pep- perrell Esq'r One of his maj'tys Justice of the peace for Sd. county for being the reput'd father of a bast'd child begotten on the body of Lydia Spinny She continuing in Sd. Accusation in Court face to face & maketh Oath that the Sd. George Hammond is the father of Sd. child, as also Evidences that were with the Sd. Lydia Spinney at the time of her travell maketh Oath that She was Exam'd at the Same time and did then declare that the Sd. George Hammond was the father of Sd. child. Its therefore considered by the court that the Sd. George Ham- mond pay to the Sd. Lydia Spinny towards the maintence of Sd. child two Shillings and Six pence per week from the birth of Sd. child during this Courts pleasure and pay Fees of Court, and to Stand committ'd untill he geett Suretys to perform the Same. The Sd. George Ham- mond appeals from the above Sentence to the Next Court of Assize & Gener'l Goal Delivery to be holden at York for Sd. County.
Memorand'm The Sd. George Hammond principle, John Adams & William Leighton Suretys Acknowledge them Selfes to be hold'n & Stand firmly bound and 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 Kittery if the Said George Hammond Shall make de- fault in the proscicuting his Sd. appeal w'th Effect. Taken in Court as Attest
WM PEPPERRELL Cler:
[No record of appeal found.]
Lydia Spinny being bound over to this Court by Wm Pepperrell Esq'r one of his maj'tys Justices of the peace for Sd. county for having a bast'd child She owning the fact maketh Oath that George Hammond 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: 11s. Or that She pay a fine to the King of thirty Shillings & Fees as aforesd., & Stands comitt'd.
122
PROVINCE AND COURT RECORDS OF MAINE
[Y. F. 1723, No. 2.]
[This was no ordinary case. The accused man was the son of Major Joseph Hammond and related to the leading families of the county. Clearly some people suspected that an injustice was being done, and that "Doctor Jenkinson" had he lived might have added something to the story. But the doctor had been killed by Indians. Lydia in her travail accused George, and repeated the accusation under oath in court;39 the justices accepted her story, rejecting the circumstantial and hearsay evidence linking her with the doctor. Lydia was alive in 1731, but may not have married and was perhaps dead when Samuel Tetherly was named guardian of her daughter, Dorcas Hammond, in 1735. George married Hannah Coburn of York in 1729.]40
[1] York Ss. To the Sheriff of the sd County his under Sheriff or Deputy or to Either (Seale) the Constables of Kittery Greeting
Whareas Complant hath ben made unto me Charles Frost Esquire one of his Maj'tys Justices of the peace for the sd County by Lydia Spiney of sd Kittery Singlewoman that she hath been gotten with child by George Hammond of sd Town Husbandman and that She was delivered of the Same upon the twelth day of Janary last past & that the sd Hammond Refuses to maintain the sd Child which is a Bastard; these are there- fore to will & Require you in his Maj'tys name on [illeg.] hereof to Apperehend the afore sd Gorge Hammond & him to bring before me or Sum other of his Maj'tys Justices of the peace for the sd County to find Sureties for his Appearance at the next Gen'l Sessions of the peace to be holden for the County of York, and also for his good behaver toward his Maj'ty and all his Leige people. Thereof fail not, dated at Kittery the 28th of Febru'a 1722-3
Charles Frost
You are also further Requiered to give Notice to the above named Lydia Spinny of the time [and] place and before whom you shall bring the sd Gorge Hammond in Execu- tion of the above warent
Charles Frost: Js pec
A True copy Exam'd
Wm Pepperrell Js pes
[The above does not appear to be in Charles Frost's hand. The statement "A True Copy" etc. is in the hand of William Pepperrell, Jr. The signature at the end is definitely that of Col. William Pepperrell.]
[2] Anno Regni Regis Georgii Nono York Ss. March 2d 1722-3
George Hammond of Kittery in the sd County Husb' being brought before Wm Pepperrell Esq'r. one of his Maj'tys Justices of the peace for sd county & being Accused by Lydia Spiney of sd Kittery Singlewoman of begetting her with child of w'ch she was delivered on the 12th day of January Last, he denying the fact, Its considered that he give bond w'th Security for his appeareance at the Next Court of Gen'l Sessions of the peace to be holden at york for sd county on the first Tuesday of April Next to answer what shall be Objected ag'st him relating to the premises & for his good be- haviour in the mean time.
39 Statute governing accusations of paternity was 1692-93 Province Laws ch. 18 (An Act for the Punishment of Criminal Offenders) sec. 5. The law required both accusation under oath in court and the statement made in the time of travail. 1 Acts and Resolves 52.
40 Gen. Dict. Me. & N.H., 304, 652.
123
COURT OF GENERAL SESSIONS, 2 APRIL 1723
[There follows the memorandum of the bond and recognizance. Joseph Hammond was surety, and principle and surety bound themselves in the sum of fifty pounds "unto the Sellectmen or Overseers of the poor of the town of Kittery." The conditions were as usual. The record continues :]
Lydia Spinny being Exam'd & Askt wether She could make Oath that George Ham- mond was the father of sd child that was lately born of her body made no Answer the first nor second time She was Askt [reverse] But the third time she made answer & Sayd Yes.
Its also Considered that the sd Lydia Spinny give bond with Surety for her Appear- ance at sd Sessions to answer for her committing the Act of Fornication & what further may be Objected against her relating to the premisses.
[Memorandum of the bond and recognizance. Sureties were John Spinney and James Spinney. Amount of bond, ten pounds.]
A True Copy Exam'd
by Wm Pepperrell Js pes
[3] The Diposison of Mary Remich of full age Sayeth that She this Deponant Was at the travel of Lydia Spinney January the twelf and in the Extremity of her Travel Hor mother Mis Mary Burnam Examinoned Hor the said Lydia Spinney, who was the Father of hor Child. She Sayed Gorge Hammond was the father of it and again hor Mother asked hor if it was no other mans Child. She said no it is Gorge Hammonds and no mans else and Continued Constant in that Saying
York Ss April 2d 1723 Sworn in Court Attest Wm Pepperrell Cler
[4] The Deposison of Abigal Scrigens of full age viz that on or about the twelf day of Jannuary Last past I was at the travel of Lydia Spiney of Kittery Single woman where also were present Mary Burnam, Mary Remich and others and when the afore said Lydia Spiney was in travel and at the utmost Extremity Mary Burnam who then with the assistance of the sd Mary Remich who acted the part of a midwife examoned her the sd Spiney, who was the father of her Child, she Answared Gorge Hammond was the father of it. After that the sd Burnam asked her again whether it was his. She Sayd it was his the sd. George Hammonds Child and no ones else
York Ss April 2d 1723 Sworn in Court Attest Wm Pepperrell Cler
[5] John Tobey Being of full age Testifieth That I was at andrew Spineys house Sum time Last Spring and there I Saw George Hammond and Lidey Spiney In a Rome to- geather and I askt him where [whether] he was going home and he said yes, presently and I Bid him good night and I went out and my horse was gone and I Could not find him, George Told me he found him the next morning In Andrew Spineys orcherd and Rid him up as far as the Road against there House and Turn'd him away and George Toald me that there [his?] people did not Know what time a night he Came home and he toald me he Croald [crawled] in at the Hall window
York Ss April 2d 1723 Sworn in Court attest Wm Pepperrell Cler
[6] Sarah Green of Full age Testifieth that she has often seen one Doctor Jenkinson so Called who Lived at Sam'l Teatherlys in Kittery the winter before this Last and in the
124
PROVINCE AND COURT RECORDS OF MAINE
Spring Following that it was a Common report that he Courted Lidia Spinney. She has also heard him Say that he would have her if he could or to that purpose. She has often observed being a near Neighbour to Samuel Toby that when the sd Lidia Spinney was there with her sister this Doctor Jenkinson often frequented said Tobeys house. She further deposeth that some time the Last Spring, to the best of her remembrance in April or May the said Jenkinson came to the Depon'ts house & desired her to go to said Tobeys and See if any body was at home which she did and knocked at the dore and was bid come in there being said Tobeys wife and her sister Lidia Spinney and in a few Minuets [sic] the sd Jenkinson came in. The said Lidia Spinney presently went into the Bedroom and the said Jenkinson went after her and Shut the Dore and they were both in the room togeather while she Stayed in the house. She has seen the sd Doctor Severall times afterward go to sd Tobeys when said Lidia has been there and saw him Carry her on horse back behind him. She further saith that She never heard any thing of George Hammonds being Concerned with her before she heard that Jenkinson was killed by the Indians after w'ch she heard she had laid a Child to George Hammond. Soon after, the sd George coming there on some business the Depon't asked him Concerning the Same who told her he was Innocent but was of opinion that if any man made a whore of a Woman she was good Enough to be his wife, but he was falsly accused and had rather maintain two Bastards then be Concerned with another mans whore and Seemed to be verry much Greived at the said report, not only for himselfe but for his father and Mother
York Ss: Kittery March the 28th 1723 Sarah Green Made oath to this before giving diposition before me Abra Preble J: peace
Lydah Spinney being Legaly Notified to be present
[7] Daniel Green of full age Testifieth that he has seen Doct Jenkinson verry often go to Samuel Tobeys where Lidia Spinney used to be, with her sister; That it was Comonly Reported he went to Visit said Lidia Spinney, he further saith that he never heard any thing of George Hammonds being Concerned with Lidia Spinney before he heard that Jenkinson was killed by the Indians after which he heard she had Laid a Child to George Hammond. The Deponant further saith that he has often Charged said George w'th being Guilty but he always Denyed it very absolutely and said he would rather maintain two Bastards then be Concern'd with another mans whore, But at the same time said if he was Guilty and She was his whore he should think her good Enough to be his wife
York Ss March 28th 1723 Daniel Green above named made Oath to the Truth of the Above deposition, Lydia Spiney being Notified to be present at the Same time Before: Abram Preble: J: Peace
[8] Stephen Field of full age Testifieth that it was Commonly reported among the Neighbourhood in the winter and Spring 1722 that one Doct'r Jenkinson who Lived at Samuel Teatherlys did go often to Samuel Tobeys who married the sister of Lidia Spinney that he has often seen him go up that way In the sd winter & Spring. The Depon't further saith that he never heard that George Hammond was Ever in Company with said Lidia Spinney or anything relating thereunto til after he heard said Jenkinson was killed by the Indians Some time after which he heard sd Lidia Spinney had Charged him with a Bastard Child
125
COURT OF GENERAL SESSIONS, 2 APRIL 1723
[over]
York Ss March 28th 1723 Stephen Field made oath to the truth of the within Deposition, Lydia Spiney being Notified to be present Before Abram Preble Jus: peace
[9] Mary Field of full age Testifieth that in the winter and Spring 1722 it was Comonly reported that one Doct'r Jenkinson who then Lived at Samuel Teatherlys did Court Lidia Spinney Said Teatherlys wifes Sister, and that he went often after her to Samuel Toby's who married another sister. That she has often seen him go that way, that some time after it was reported sd Jenkinson was kil'ed by the Indians she heard said Lidia Spinney had Laid a Child to George Hammond; the first of her hearing of it was about the beginning of November Last. And further saith that She never before heard any thing Relating to the sd George Hammond & Lidia Spinney keeping Company or any thing Tending there unto
York Ss March the 28: 1723 Mary Field made oath to the Truth of the above deposition Lyda Spinney being notified to be Present Sworen before Abram: Preble Jus: Peace
[10] Richard King of full age Testifieth that he wrought in Samuel Teatherlys Ship yard at Sundry times from the fall of the year 1721 to the Latter End of June 1722 and Sundry times has been in Wm Teatherly & Samuel Teatherlys yards at Launching and other Publick times w'ch said Teatherlys are near neighbours and sons in law to Mistress Burnam. That he never at any time heard any discourse of or Saw George Hammond there Except at Launching a Vessell Last September after which about the Latter End of October or beginning of November he heard at Sturgeon Creek Lidia Spinney had laid a Child to George Hammond
York Ss March 28th: 1723 Rich'd King made Oath to the Truth of the within Deposition, Lydia Spiney being notified to be present before Abram Preble
[11] Hannah King of Full age Testifieth and Saith that it was a Common report among the neighbourhood in the winter & spring: 1722 that one Doct'r Jenkinson was a Suiter to Lidia Spinney of Kittery that he said he would have her if he could; She further saith that She saw the sd Lidia Spinney go up towards Samuel Tobys and soon afterwards saw Doct'r Jenkinson go up after her; and the same day it being February or March the Deponant went by Sam'l Tobeys Dore and saw sd Jenkinson standing in the Dore of said Tobeys house. The Depon't further saith that she never heard any thing relating to George Hammond being Concern'd w'th sd Lidia Spinney til She Heard sd Lidia Spinney laid a Child to him w'ch was on the 10th of November last being the Satturday after thanksgiving. Job Hanscom told her George Hammond had a Child laid to his Charge
York Ss March 28 1723 Hannah King made Oath to the truth of the within Deposition Lydia Spiney being notified to be present Before Abram: Preble Js: peace
[12] Moses Dennet Testifieth that some time in September last as near as he remembers
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PROVINCE AND COURT RECORDS OF MAINE
he was at a Launching of a Vessell at Wm Teatherlys. After Launching the sd Wm Teatherly walked with my Father and I as far as Thomas Fernalds and did recommend his wifes Sister to me for a wife and told me that she would make a Verry good wife or words to that purpose; Some time after-wards Samuel Teatherly likewise recommended her after the same manner or Somthing like it
Prov New Hampshire
March 27th 1723. Then Moses Dennit made Oath to the truth of what is above Written & Mr Alexander Dennit at the Same time made Oath to [the] truth of what is above relating to what Mr Wm Teatherly said at the time & place
Sworn before me
R Wibirde Ju. Pce]
Ordered that foure pounds three Shillings & Eight pence be paid out of the county treasury to Mr. Jo's Curttis his maj'tys Corroner for charge of an Inquisition-taken on the dead body of a man found on the Shoar in Kittery on the 23d day of Nov'r 1722.
[Y. F. 1723, No. 3]
To the Hon'ble his Maj'ts Justices of Generall Sessions The Peace Now Setting att York Aprill 2d 1723
Joseph Curtis of Kittery in the County of York Corroner herewith Presents your Honours with an Account of Disburstments in Takeing an Inquisesition [sic] on the body of a Certain Person who was found Dead on the See Shore in Kittery on the 23 day of November 1722 as allso for his Burryall he haveing no Estate
Which is as Followeth, Vid't.
£
S. d
To the Corroners Feese
0:
16 8
To Fourteen Jury men att 2s
1:
8: 0
To the Constables Feese for Summonsing the Jury
0:
14:
0
To one man a day Feching the Corroner Charges of Burryall
0:
2: 0
To a gallon of Rum
0:
8:
0
To Diging the Grave
0:
5:
0
To Sider & other Nesserryes [sic.]
0:
10: 0
£
4:
3:
8
Your Accomptant Prays the Allowance of This Account & an order for the Money Jos Curtis Corroner]
Whereas Abigail Morgan of Arrundel in our Sd. county, in July Court last did receive Sentence from Sd. Court to have twenty Strips Severly laid on her nak'd back at the post and pay Fees of Court; the Court then being inform'd that She was w'th child, It was consider'd that Exicution Should be then Suspend'd & that She Shoudd give bale for her appearance to this Court and that whereas Rich'd Morgan of Arrundel aforesaid & Rich'd Smith of Biddiford in our Sd. County of
127
COURT OF GENERAL SESSIONS, 2 APRIL 1723
York, became bound to our Soveraign Lord the King in the penall Sum of fifty pounds that the Sd. Abig'l Morgen Should appear before the Justices of this Court, and there receive the Sentence of Sd. Court. Order'd that their Recogniz'ce be declar'd forfit'd & that a writ of Scire facias Issue out of the Clerks Offices ag'st the Sd. Abig'l Morgan prin- ciple & Rich Morgen & Rich'd Smith Suretys for their appearance at July Sessions next to be hold'n at york, to Shew Cause if any they have wherefore a warrant of distress ought not to goo forth ag'st them for the Sum afores'd to be Lev'd on their goods or Chatt'ls, lands & tenem't for the Use of our Soveraign lord the King forfiet'd for the Said Abig'l Morgen's making default & not appearing.
[7:58]
David Libby presenting his Pertition praying that he might be Excus'd from Serving Constable (he being Chosen for the Town of Kittery) for reasons Set forth in Sd. Pertition, Order'd that the prayer of Sd. Pertition be grant'd.
[Y. F. 1723, No. 2]
[Petition of David Libby, in the hand of Joseph Hammond.]
To the Hon'ble the Justices of the Court of Gen'l Sessions of the peace to be holden at York at the first Tuesday in April 1723. The Petition of David Libbey of Kittery in the County of York
Humbly Sheweth
That whereas your Petitioner on the 25th: of March Last was Chosen a Constable of this Town, And for as much as your Petitioner through Age and Infermity of body was not able to attend sd Meeting, Neither has he for a Considerable time been Capable of any Labour or buisiness but being Summoned before Charles Frost Esq'r to take the oath of a Constable Did refuse to take the said Oath, not in Contempt of Authority but well Knowing myselfe Inferm in body and not only so but Every way uncapeable to preform the Dutyes of that Office in my own person and being Summoned to appear before your Honours at this Court, and am not Able to preform a Journey so far being Scarce Able to go out of my house, My Near Neighbours Can Witness for me.
Your Petitioner therefore Humbly Prays that your Honours would take the premises into your Consideration, that he may be Excused for his non appearance and also from his Serving in the Office of Constable for the reasons aforesd And Your Petitioner as in duty bound Shall Ever pray &ca.
Kittery April 1st: 1723
David Libby]
Daniel Fergison appearing to answer his presentmt for profaine Swaring Its considered by the Court that he pay a fine to the poor of the Town of Kittery of: 5s. and Fees of Court 10s. & Stands comitt'd.
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