USA > Maine > York County > Province and court records of Maine > Part 26
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Whereas Samuel Fernald one of the Grand inquest for this Year did not Attend at this Court Ordered that he be Sumons'd to Appear at the Next Court of General Sessions to be holden at York for Sd County on first Tuesday of October Next to Answer for his Sd Neglect.
Whereas Daniel Grant of Berwick being Apprehended to Appear to this Court to Answer a presentm't of the Grand jury Exhibited against him for Neglecting the Publick worship of God on the Lords day & also for Contempt of Authority as per the process Its Considered by the Court that his bonds be declared forfieted, Unless he Appear at the Next Sessions & Shew Cause to the Contarary, And that a new warrant Issue out of the Clarks office to Secure him So that he be had at the Next Court of General Sessions of the Peace to be holden at York for Said County on the first Tuesday of October Next, to answer his Said presentm't & also for his repeated Contempt of Authority.
230
PROVINCE AND COURT RECORDS OF MAINE
[7:108]
John Wherren appeared to answer his two Several presentm'ts for being drunk & being thereof Convict'd Its Considered by the Court that he pay a fine to the use of the poor of the Town of Kittery of Ten Shillings & fees of Court & being at this Court presented for not fre- quenting the Publick worship of God & being thereof Convict'd Its Considered that he pay a fine of 20s to the poor of the Town of Kittery aforesd. & fees of Court 12s or if he refuse to pay or be unable to pay the Same then to receive 5 Strips on his back at the post & pay fees of Court 12s as aforesd, & that he give bonds to the value of Ten pound for his Good behaviour till the Next Sessions & Stands Committed untill Sentance perform'd, Mem'dem he receiv'd the Strips & was Committed for refuseing to find Suretys for his Good behaviour &ct.
Lycence is Granted by this Court to the Several persons following to be Taverners & retailers the Year Ensuing
For the Town of Kittery
Benj'm March, Jn'o Hicks, George Berry, James Chadborn, Robert Mitchel, Paul Wentworth, Joseph Curtice, Benj'm Weltch & Mary Staple to keep publick houses of Entertainment & W'm Pepperrell Esq'r to retail.
For the Town of York
Nath'll Donnell, Caleb Preble, & John Stover to keep publick houses of Entertainment & Mrs. Mary Preble to retail.
For the Town of Berwick
Joseph Abbot & Joseph Moulton to keep Publick houses &ct. For the Town of Wells
Jn'o Storer & Francis Littlefield To keep Publick houses &ct.
For the Town of Scarborough
Nathan Knight to keep a Publick house of Entertainm't.
For the Town of Arrundell
Thomas Perkins to keep a Publick house of Entertainm't
For the Town of Biddiford
Humphery Scamon & Eliz'a Tarbox to keep Publick houses of Enter- tainm't & Sam'll Jordon to retail.
For the Town of Falm'th
Rich'd Coller & John Sawyer to keep publick houses of Entertainm't & Samuel Moodey Esq'r to retail
For the Town of George Town
John Penhallow Esq'r to retail.
231
COURT OF GENERAL SESSIONS, 4 OCTOBER 1726
[7:109]
The presentments made to this Court by the Grand Inquest are as followth vizt
John Wherren of Kittery presented for not attending the Publick worship of God & being drunk.
William Groves [Grover?] of Scarborough presented for breach of the peace upon the Sabbath day by the Information of Mr. Fly.
Mr. Allison Brown of Arrundell & Mr. James Tyler of York pre- sented for building or Erecting a Saw Mill upon & a Cross a highway in Arrundell which is Greatly to the Damage of the Inhabitants by the Information of Tho's Pirkins of Sd Town.
ARTHUR BRAGDON form'n
ANNO REGNI REGIS GEORGII DECIMO TERTIO
At a Court of General Sessions of the Peace holden at York within & for the County of York Octob'r the 4th, 1726
Present John Wheelwright, Joseph Hammond, Samuel Moodey, William Pepperrell jun'r, John Penhallow, John Gray, Joseph Hill & Sam'll Came, Esq'rs.
The grand Inquest are as Followeth vizt
Arthur Bragdon jun'r Form'n
James Sampson
John Lord
12 Joshua Remick
Samuel Harmon
Elisha Andrews
Samuel Fernald William Tucker
James Littlefield
Nath'll Rayns jun'r
Abraham Townsend John Sedgley
6 Thomas Pirkins
Simon Emery
James Fly 16 Nath'll Jordon
Ordered that John Hutchins one of the Constables of Kittery be Sumoned to the Next Court to Answer for his Neglect of his duty in not giving Legall Notice to the Inhabitants of Sd Kittery to make Choice of Jurymen to Serve at this Court
Lycence granted to James Parker of North Yarmouth to keep a pub- lick house of Entertainment Untill the 29th day of June Next.
Francis Smart Appeared to this Court and was Clear'd of his bonds for his Good behaviour by proclamation.
[7:110]
Richard Jaques being bound over to this Court by Samuel Moodey Esq'r one of his Maj'ts Justices of the peace for said County for giving
232
PROVINCE AND COURT RECORDS OF MAINE
or unlawfully disposing of Rhum to the Indians as per the process the papers being Committed to the grand jury who presented Said Jaques for giving the Indians Rhum. The Said Jaques was Called & being Ask'd where he was guilty or Not guilty pleaded not guilty & put him- selfe upon Tryal by a jury who were Specially Appointed & Sworn for that purposs who went out thereon & return'd their Verdit vizt. They find the Def't not guilty. Its Considered by the Court he be acquited paying Cost of Court Tax't at two pound fourteen Shilling & Stands Committed untill Sentance perform'd.
The Names of the jury that tryed the above Case were vizt
Arthur Bragdon, Sen'r, Form'n
Roger Plaisted
Edward Beal
Cap'tn James Grant
Thomas Watson John McIntire
James Boston
Allison Brown John Smith
Jacob Perkins
Thomas Pirkins
James Grant
Mr. John Dennit, Paul Wentworth, Nath'll Fernald and Tobias Fernald being bound over to this Court by Joseph Hammond Esq'r one of his Maj'ts Justices of the peace for Sd County for that they did in a Violent & Riotous manner lay hands on Moses Woster [Worcester] of Kittery in Sd County & dragged him out of bed &ct as per the process on file Appears, 69 The papers being Committed to the grand jury who presented Them for a riot; They being Call'd to Answer Said presetn- ment pleaded not guilty & put themselves upon Tryal by a jury who were Appointed & Sworn for that purposs who went out thereon & re- turned their verdict viz they find the def'ts not guilty. Its Considered by the Court they be acquitted paying Cost of Court Tax't at three pound Seventeen Shillings & Eight pence & Stands Committed untill Sentance performed.
The Names of the jury that Tryed the above Case were vizt.
Arthur Bragdon Sen'r Form'n Cap'tn James Grant Edward Beal John Smith
James Grant
Roger Plaisted
Sam'll Wench Jacob Pirkins
Thomas Pirkins Allison Brown
James Boston Thomas Watson
[7:111]
Capt'n Edward Prebble of York Appear'd at this Court to Ans'r for his refusing to make Oath at Aprill Court Last to his office he being Chosen one of the Grand inquest for this County by the Said Town of York; And also for his repeated Contempt of Authority for not appear-
69 But unfortunately, the file papers in this picturesque case have now disappeared.
233
COURT OF GENERAL SESSIONS, 4 OCTOBER 1726
ing at July Court Last to Answer for his Said refusing to make Oath to his Said office tho being then Sumons'd again As per the Sumons & Constable return thereon Appears; He making Excuse Acceptable to this Court for his not appearing at July Court Last Its Considered by the Court that for his refusing to Serve on the grand jury he pay a fine for the use of Sd. County of four pounds & fees of Court eight Shillings & Stands Committed untill Sentence be performed.
Ordered that the Clerk of this Court Issue out a warr't directed to the Constable of York to warn the Inhabitants in Sd York to Choose a man to Serve on the Grand inquest in the room of the abovesaid Cap'tn Edward Prebble.
Whereas Stephen Minot Esq'r of Boston within our County of Suf- folk & Cap'tn Tho's Sanders of Glocester within our County of Essex & Joseph Heath Esq'r of Richmond within our County of York aforesaid were bound over to this Court of General Sessions of the Peace to give evidence for our Soveraign Lord the King relateing to Richard Jaques's Giving or unlawfully disposing of Rhum unto the Indians As per the recognizences & they nor neither of them not appearing, Its Considered by the Court that their bonds be declared forfeited; And that a writt Scira Facias Issue out from the Clerks office directed to the Sheriff or his Deputy of each County where they dwell to make known unto them that they appear at the Next Court of General Session to give their reason if any they have why Execution ought not to goe out against them for the forfeiture of their bonds of five pound each of them to His Maj'ty & fees of Court.
[7:112]
Mosses [sic] Worster of Kittery in Said County making Application to this Court by his Attorney Thomas Phipps Esq'r praying that his Grandson John Worster May Subsist or Support him in his old age he being not able to Subsist or Support himselfe,70 Its Considered by the Court that his Said Grandson John Worster pay to his Said Grandfather Moses Worster within one Month from this date five pounds; & five pounds more at on or before the first day of Aprill Next & five pounds more at on or before the fourth day of October Next the whole being fifteen pounds which Compleats one Year for his Maintainance.
Mr. John Dennitt, Paul Wentworth, Nath'll Fernald & Tobias Fer- nald all Appeared to this Court & was Cleared of their bonds for their Good behaviour by proclamation.
70 Cf. 1692-93 Province Laws ch. 28, sec. 9. 1 Acts and Resolves 67-68.
234
PROVINCE AND COURT RECORDS OF MAINE
Pursuant to an Order of the General Sessions of the Peace for Sd. County at July Court Last Edward Andrews Appear'd before Joseph Hamond Esq'r one of his Maj'tys Justices of the Peace for Sd County to Answer his presentment for profain Swearing his Sentance was that he pay a fine of five Shillings for the use of the poor of Berwick & fees of Court 7s, As per Sd Justices Return on file Appears.
Jeremiah Moulton Esq'r high Sheriff for Sd County presented his Acco't Amounting in the whole to the Sum of five pounds two Shillings for Executing Joseph Quason71 as per Sd. acco't on file which was red [or rc'd] & accepted, & ordered that the Sum of five pound two Shillings be paid out of the County Treasury to the Said Jeremiah Moulton in full discharge thereof.
[Sheriff Moulton's account is not to be found in the York files for this period, nor are any papers having to do with this event. The following appear in the records of the Superior Court of Assize and General Gaol Delivery.]
[Superior Court of Assize and General Gaol
Delivery held at York, 11-13 May 1726. Lynde, Davenport, Dudley, Quincy, J J.
[fol. 42, 42 verso]
Quassons Sentence
The Jurors for our Sovereign Lord the King upon their Oath present Joseph Quasson, an Indian, of Yarmouth in the County of Barnstable For that the said Joseph Quasson at Cape porpus, or Arendel in the County of York, & while he was in the public Service of the Province as a Soldier about the twentyeth day of August last, not having the fear of God before his Eyes, but being moved & Instigated by the Devil, & of his Malice Forethought, with Force and Arms an assault did make on the body of one John Peter an Indian of Yarmouth in the County of Barnstable in the Peace of God and the King then & there being, viz as a soldier in the public pay, & Service of the province & with a gun value forty shillings that was charged with powder & ball, which he the sd Joseph Quasson held in his hands, & Levelled at, and Shot the sd John Peter in at the groin, on the upper part of his thigh, wounding the sd John Peter mortally; So that he the sd John Peter for a few days viz three or four Languished, & then dyed, [fol. 42, verso] of the wound given him as aforesd by the bullet shot at him by the said Joseph Quasson, and so the Juriors aforesd upon their Oaths do say that the sd Joseph Quasson did then [and] there wilfully & feloniously kill and Murther the sd John Peter against the peace of our Sovereign Lord the King and the Law. Upon this Indictment the said Joseph Quasson being arraigned, pleaded not Guilty, and for tryal put himself upon God & his Countrey, a Jury being Sworn to try the issue; after a full hearing of the Evidences in behalf of his Majesty, and the Prisoners Defence, went out to Consider the Case, and re- turned their verdict therein upon Oath by Daniel Simpson their Foreman that is to Say, that the sd Joseph Quasson is Guilty. It's therefore considered and Ordered by the Court, that the said Joseph Quasson shall suffer the pains of death.
71 Introduction, supra, xix.
235
COURT OF GENERAL SESSIONS, 4 OCTOBER 1726
[S. F. 19,323(1)]
Sandwich May 5th 1726
Sr
These are to Certifie that I have herewith Sent Joseph Cape and Jacob Ketone who Stand bound by way of Recognizance in Fourty Pounds Each to Appear at the Court of Assize and Gen'll: Goal Delivery to be holden at York for the County of York on the Second Wednesday Instant to give Evidence on his Maj'sts Behalf Relating to Joseph Quason's Shooting of John Peter Sometime In the fall of the Year last past at or near Cape porpus
Coram N [or M] Bowen
[addressed:]
To the Clerk of the Superiour Court now holden at York
per Mr Stanford.
[S. F. 19,323(2). The grand jury's indictment:] Dominus Rex v. Quason
York Ss At a Court of Assize and Gen'll. Goal Delivery holden at York for the County of York Wednesday the 11th day of May 1726
The Jurors of our Sovereign Lord the King upon their Oaths present Joseph Quasson (an Indian) of Yarmouth in the County of Barnstable, For that the sd Joseph Quasson, at Cap porpus or Arundel in the County of York and while he was in the Publick Service of the Province as a Souldier about the Twenty-th day of August last, not having the fear of God before his eyes but being moved and instigated by the Devil, and of his malice forethought with force and Arms an Assault did make on the body of one Jno Peter an Indian of Yarmouth in the County of Barnstable in the Peace of God and the King then and there being, Vizt as a Souldier in the Publick pay and service of the province, and with a gun, Value Forty Shillings which was charg'd with powder and Ball, which he the sd Joseph Quasson held in his hands and levelled at [several words stricken] and Shot the sd Jno Peter mortally so that he the sd Jno Peter for a few days- Vizt three or four, Languished and then dyed of the Wound given him as aforesd. by the Bullet Shot at Him by the sd Joseph Quasson and so the Jurors aforesd upon their Oaths doe Say that the Sd Joseph Quasson did then [and] there wilfully and feloniously Kill and Murther the sd Jno Peter ag'st the peace of our Sovereign Lord the King and the Law
Witnesses Rob't Stanford Thomas Miller
Capt'a. Jos: Bane Joseph Caly [?] Jacob Keder
The Jury finds Billa Vera Arther Bragdon, foreman
Posuit se et Att's S. Tyley Cler]
[7:113]
James Spenney being bound over to this Court by William Pepperrell Esq'r one of his Maj'ts Justices of the Peace for Said County upon Susspition of Stealing away abot thirty Cocks of hay from John
236
PROVINCE AND COURT RECORDS OF MAINE
Addams as per the Sd. Justices' Record Appears, The papers were Committed to the Grandjury who returned Nothing, Its therefore Con- sidered by the Court that the Said James Spenney be dismiss'd paying Costs of Court two pounds ten Shillings & Stands Committed untill Sentance be perform'd.
The Said James Spenney Appeals from this Sentance72 to the Next Court of Assize & General Goal Delivery to be holden at York for Said County. Memd'm The Said James Spenney principal, John Dennett & Nath'll Fernald Suretys Acknowledge themselves Joyntly & Severally to be holden & Stand firmly bound & Obleiged in the penall Sum of Ten pounds to be paid to Our Soveraign Lord the King His Heirs or Suc- cessors If the Said James Spenney Shall make default in the proscicute- ing his Said Appeal with Effect & also that he be of Good behaviour towards his Maj'ty & all his Leage People in the Mean time.
[No record of appeal found.]
Taken in Court Attest CHARLES FROST Cler
Allison Brown of Arrundel & James Tyler of York Appear'd to Answer a presentm't of the Grandjury Exhibited against them for building a Mill upon & a Cross a highway in Arrundell aforesd. Its Considered that the hearing of Sd presentment be refered to Next January Court.
Attest CHARLES FROST Cler.
[7:114]
The presentments made to this Court by the Grand inquest are as Followeth vizt
Richard Jaques Presented for giving the Indians Rhum
Paul Wentworth, John Dennit, Nath'll Fernald and Tobias Fernald presented for a riot
James Tyler presented for Selling of drink by the Information of Mr. Caleb Prebble
Nathan Knight of Scarborough presented for Selling of drink
Rich'd Babson, Tho's Millit & Sam'll Procter presented for Selling of drink by the Information of Mr. Wright
Samuel Denney of George Town presented for Selling drink by retail
Samuel Denney & Michael Micom of George Town presented for breach of the peace & breach of the Sabbath73
72 Spinney doubtless appealed in an effort to reverse the order for costs.
73 See infra, 252-253, 258.
237
COURT OF GENERAL' SESSIONS, 4 OCTOBER 1726
Tabatey Murch of York presented for fornication
Daniel Grant of Berwick presented for not frequenting the Publick worship of God
Martha Alden of Biddiford presented for fornication
ARTHUR BRAGDON Form'n
Margaret Tucker being bound over to this Court by William Pep- perrell Esq'r one of his Maj'ts Justices of the peace for Said County for being with Child with a bastard Child & accusing of Andrew Wescoat to be the Father of Said Child She Appearing & being Sworn Con- tinued Constant in Said Accusation face to face & not being Yet de- livered w'th Said Child Its Considered by the Court that She give bonds with Sufficient Sureties to the Value of Ten pounds for her Appearance at the Next Court of General Sessions of the Peace to be holden at York for Said County. Memorand'm Margaret Tucker principall Nocolas [sic] Dunn[?] & William Tucker Suretys acknowledge them- selves to be holden & Stand firmly bound unto our Soveraign Lord the King his Heirs or Successors in the penall Sum of Ten pounds that the Said Margaret Tucker Shall personally Appear at the Next Court of General Sessions of the peace to be holden at York for Said [7:115] County of York & the[re] to Stand & abide the order & Sentance of the Said Court & not to depart without Lycence, then the above recogni- zence to be void, otherwise to abide & remain in full force Strength & vertue
Taken in Court Attest CHARLES FROST Cler
Andrew Wescoat being bound over to this Court by William Pep- perrell Esq'r one of his Maj'ts Justices of the peace for Said County for being Accused of being the father of a bastard Child begotton on the body of Margaret Tucker of which bastard Child She is not yet de- livered with. Its Considered by the Court that the Said Andrew Wescoat give bonds w'th Sufficient Sureties to the value of Sixty pounds for his Appearance at the Next Court of General Sessions of the peace to be holden at York for Said County on the first Tuesday of Jan'ry Next to Answer to Sd Accusation.
Memorand'm The Said Andrew Wescoat principall, Samuel Skillion & Thomas Pickerin Suretys, Acknowledge themselves to be holden & Stand firmly bound & Obleiged unto our Soveraign Lord the King in the penall Sum of Sixty pound to be paid to him his Heirs or Successors, The Condition of the above recognizence is Such that if the above bounded Andrew Wescoat Shall personally appear at the Next Court of General Sessions of the peace to be holden at York for & within the
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PROVINCE AND COURT RECORDS OF MAINE
Said County of York on the first Tuesday of Jan'ry Next & there to Stand & abide the order & Sentance of the Said Court relateing to the above Said Accusation & not to depart with out Lycence, that then the above Recognizence to be Void & of None Effect, otherwise to be & remain in full force Strength & Vertue.
Taken in Court
Attest CHARLES FROST Cler
[Y. F. 1725-1726, No. 5.]
[It was the practice of the clerk to issue a warrant to the constable of each town, order- ing the appearance at the next Court of Sessions of those persons who had been pre- sented from that place. The following document will serve as an example of the process.]
York Ss
[Seal] To the Constable of the Town of York Greeting
In His Maj'ts Name you are required to Apprehend the Several persons hereafter Named So that they may be had before his Maj'ts Justices at the Next Court of General Sessions of the Peace to be holden at York for Said County on the first Tuesday of January Next to Answer a presentment of the Grand jury Exhibited against each of them for the Several Misdemeanors following vizt Rebecca Donnell for having a black bastard Child & Tabathy Murch for fornication & James Tyler for Selling of drink; And You are also required to Apprehend James Rankin to Answer to his being Accused of being the Father of a bastard Child begotten on the body of Deborah Spencer; Hereof fail not, and Make due return under your hand according to Law. Dated the twentyeth day of October In the thirteenth year of his Maj'ts Reign Anno Domini 1726
per C'm Charles Frost Cler
You are also required to Sumons Caleb Preble to appear at sd Court to give evidence what he knows relating to the abovesd James Tylers Selling of Drink
per C'm Cha: Frost Cler
[over:]
York: Ss: desember 12-1726
by vertu of this warrt I have apprehend the boddys of James Tiller & Tabbither Murch and tacken bond for ther apirring James Ranking and Rebecker Donnel not to be found
per Sam'll Donnell Constabel]
[7:116]
ANNO REGNI REGIS GEORGII DECIMO TERTIO74
At a Court of Generall Sessions of the Peace holden at York within and for the County of York Jan'r 3'd 1726/7.
74 Although Charles Frost was still the clerk, the record of this court and the suc- ceeding one for April, 1727, are in a different hand. Where the clerk's attestation was called for, Frost apparently signed the record.
239
COURT OF GENERAL SESSIONS, 3 JANUARY 1726/7
Present John Wheelwright, Joseph Hammond, Samuell Moodey, Wm Pepperrell Jun'r, John Penhallow, Joseph Hill, Sam'll Plaisted, Samuel Came, Joseph Heath and Nathaniel Gerrish Esq'rs.
The Grand Inquest are as followes
James Sampson
John Lord
Joshua Remick
Sam'll Harmon
Elisha Andrews
Sam'll Fernald
James Littlefield
Nathan'11 Rains Jun'r
Will'm Tucker
Abraham Townsend
John Sedgly
James Fly
Thomas Perkins
Simon Emery
Nthan'l Jordon
Wm Moore
Whereas Allison Brown of Arrundell in Sd County and James Tyler of York in Sd County, Appeared at the Last Court of Gen'l Sessions of the Peace holden at York for Said County in Octo'r Last to answer a Presentment of the Grand Inquest Exhibited against them for Erecting a Saw Mill upon and Cross a high way in Arrundell the hearing of which was Referred to this Court, the Said James Tyler in Behalf of himself and the Said Allison Brown, Appearing to Answer Sd Present- m'ts, It not being made to appear to this Court that there was a high way where sd Mill Stands Its therefore Considered by the Court that they be Acquitted. Pay Fees-14s.
Whereas a writ of Scire facias Issued out of the Clerks office of the Court of Generall Sessions of the Peace for Sd County by order of Sd Court in Octo'r Last to make known unto Stephen Minot of Boston in the County of Suffolk Esq'r And writ of Scire facias to make known unto Joseph Heath of Richmond in the Sd County of York Esq'r and a writ of Scire facias to make known unto Cap't Thomas Sanders of Glocester in the County of Essex-that they Appear before the Justices of this Court of Generall Sessions of the Peace to Shew Cause if any they had why an Execution or warrant of Distress should not be had against them in his Maj'ts behalf for the forfeiture of their Recogni- zances in which they were Bound in the Penal Sum of five Pounds Each to appear at the last Court of General Sessions of the Peace in this County to Give Evidence in Behalf of our Sovereign Lord the King Re- lateing to Richard Jaques Giving or unlawfully Disposing of Strong Drink to the Penobscut Indians [7:117] The Sd. Stephen Minot Joseph Heath Esq'rs & Cap't Tho's Saunders having Petitioned to the Generall Court at Boston on the 23:d day of Nov'r 1726 to Stop the Proceedings of this Court against them for the Reason that they were Unavoidably obstructed from giving their Attendance which Sd Gen- erall Court did order, this Court of Generall Sessions of the Peace to
240
PROVINCE AND COURT RECORDS OF MAINE
Stop their Proceedings as Afores'd as by a Copy of sd order on file appears. Its therefore Considered by the Court that the Sd Proceedings of this Court with Respect to the Premisses be Stayed till further order from the Generall Court.
[Y. F. 1725-1726. No. 5.]
At a Great & Gen'll Court or Assembly of his Majestys Province of the Massachusetts Bay held November 23d. 1726
On the Petition of Stephen Minot & Joseph Heath Esquires & Cpt. Tho's Sanders
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