USA > New Hampshire > Grafton County > Hanover > A history of the town of Hanover, N.H. > Part 15
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CHAPTER XIII
EARLY COURTS
A COLLEGE town, even a hundred years ago, was likely to attract more or less persons of doubtful character and evil influence, the burden of whom fell chiefly upon the vicinity of the College. Dr. Wheelock had from the first deep-seated apprehen- sions on this subject, and it was largely on that account that he and the Governor were both so strenuous to have in College hands a special jurisdiction over the College corner of the town.
For the same reason the authority of a justice of the peace, then of much greater importance than now, was promptly con- ferred by the Governor upon Wheelock in January, 1771, and by Wheelock's desire upon Professor Bezaleel Woodward in June, 1772. Wheelock himself rarely exercised his authority in that capacity, but from 1772 Mr. Woodward, as justice of the peace and as judge of the court of common pleas, to which he was appointed May 18, 1773,1 to his death in 1804, excepting from 1775 to 1783, administered justice, both civil and criminal, in a formal manner at regular terms of court in Hanover, at times as often as once in two weeks. Jonathan Freeman occupied a similar position in the eastern part of the town, to which he was appointed in 1784, but he did much less business than Mr. Woodward and with much less system.
Following is the record of one of the few cases in which Dr. Wheelock's judicial power was exercised :
Province of New Hampshire Rockingham Ss
(sea1)
To the Sheriff of the County aforesaid his under sherif or Deputy or either of the Constables of Hanover in said County, Greeting.
In his Majesty's name you are commanded forthwith to arrest the body of Caesar a negro man now and for some time past residing in the kitchen appertaining to Dartmouth College in said County, and him forthwith have before me the subscriber, to answer to a complaint alleged against him by Mary Sleeper now residing at my dwelling house for defamatory words uttered by the said Caesar tending to the injury of the character of the said Mary ; * * * * and that he the said Caesar said that he knew
1 Provincial Papers, VII, 16.
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something, which if known to the world would ruin the character of the said Mary to her dying day: and that he uttered other words of the same import & meaning with those above mentioned at other times, contrary to the peace of our Sovereign Lord the King his Crown and Dignity & in violation of the good and wholesome Laws of this province, and to the damage of the said Mary as she says the sum of fifty pounds.
Hereof fail not at your peril.
Dated at Hanover in said Province this 6th day of Feby A. D. 1773 & in the 13th year of his Majesty's reign
Eleazar Wheelock
Justice Peace.
Feby 6th 1773. Then apprehended the within mentioned Caesar & brot him as required
attest Francis Follet, Constable
At a justice court holden by adjournment at Dartmouth College Feby 8th 1773
Present the Honble Eleazar Wheelock, Justice, Mary Sleeper, plaintiff vs. Caesar Negro, respondent
Having heard the evidences & pleas on both sides, find the said Caesar guilty of defamation in manner and form as alleged, and accordingly fine him 10/ L. My. & costs of prosecution & that he find sufficient sureties in £10 L. My. for his good behavior before sunsetting, and in failure thereof that he receive seven stripes on the naked body in some public place, and the Constable is hereby directed to see to the execution of the same.
Eleazar Wheelock Justice.
Warrant 0. 3
Constables fee 0. 4
7 witnesses 0. 7
· Hearing Complaint & Judgment 0. 2
£0.16
The same day is filed a joint and several bond in favor of "Honble Eleazar Wheelock Esq. President of Dartmouth Col- lege," conditioned, as required, in the penalty of £10, and signed and sealed by Aaron Storrs, Jr., shopkeeper, and thirty-two others, members of College and Moor's Charity School. In the list we find the signatures of John Ledyard, Ebenezer Mattoon, Daven- port Phelps, John Smith and Nathaniel Adams.
Professor Woodward was a very methodical man and all his proceedings were conducted with legal regularity and form. His records, which are still preserved, are models of their kind and are full of interest.
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Here is the record of his first case :
Province of New Hampshire
Rockingham ss
At a Justice Court holden at Lime in said County Octr 1st. A. D. 1772 Present Bezaleel Woodward Esqr, Justice.
Dominus Rex Plf. vs. George Wilson Respondent
After hearing the compt brought against said George by John Crain of Hanover, Tythingman, for Drunkenness & prophane Cursing, in the night season next after the 14th of Septr last the Respondt. plead guilty to each of those crimes as alledged.
Tis therefore ordered that the said George pay for the use of the Poor of the District in Hanover where the offence was committed-a Fine of five shillings for Drunkenness-and for his prophane Cursing a fine of five shillings-and costs and stand committed till sentence be performed.
Costs taxed at eleven shillings and four pence.
Judgment satisfied
Beza Woodward.
N. B. At the same time a memorandum was made (according to law) of said George's prophane Cursing & sent to the honble Court of General Ses- sions of the peace for said County.
Attest B. Woodward.
The office of tythingman was administered in those days with some rigor, and the function of this officer was definitely laid down in the laws of 1762 (passed 2nd of George III), as follows :
Which Tythingmen shall have power and whose duty it shall be, care- fully to inspect all licensed houses, and to inform of all disorders and mis- demeanors, which they shall discover or know to be committed in them or any of them, to a justice of the peace within the province. . . . In like man- ner to present or inform of all idle and disorderly persons, prophane swearers or cursers, sabbath breakers, and the like offenders; . .. each of which tythingmen shall have a black staff of two feet long, tip'd at one end with brass or pewter about three inches, as a badge of his office, to be provided by the selectmen at the charge of the town.
To illustrate the course of treatment to which culprits were subjected several other records are here transcribed :
Rockingham ss At a Justice's Court holden at
Hanover in said County March 2d A D 1773
Present Bezaleel Woodward Esqr Justice
James Foster &
Eleazar Wheelock D. D. Plf vs. Wm. Trounce Respondents
In an action for Theft
By confession of the Respondents on Examination and the evidences it appears That the said James Foster is guilty of felloniously taking last week 4 lbs sugar 2 lbs Butter & 2 lbs chocolate, worth eight shillings and six pence L. M. Tis therefore ordered that he be punished by being whipped
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five stripes on the naked body-that he pay double Damages & Costs-or be disposed by ye Prosecutor.
Damages 17/ Costs for him 10/
It appears likewise that the said William Trounce is guilty of felloniously receiving, concealing and offering for sale last week three cakes of Choco- late worth two shillings and six pence lawful money-Tis therefore ordered that he receive three stripes on the naked Body-that he pay double Dam- ages and Costs
Damages 5/ Costs for him 5/
After the foregoing sentence was declared, the said Foster earnestly plead for a rehearing the next day alledging that with such an opportunity he can set his case in a more favorable point of view and therefore pleads an adjournment. Court accordingly adjourned till tomorrow 8 o'clock A. M.
March 3d Court held according to adjournment. Having reheard and reconsidered said Foster's case, it appears that he does not lessen or exten- uate his crime in the least-but in addition thereto it appears that he is like- wise guilty of felloniously taking last week from sd Wheelock half a pound of Tea worth three shillings-Tis therefore ordered that in addition to the five stripes ordered yesterday he receive three more on the naked Body -that he pay double Damages and Costs.
Additional Damage 6/ additional Costs 4/
and stand committed till sentence be executed.
March 3d Judgment satisfied
Beza Woodward.
On May 3, 1773, Francis Fenton of Piermont, for "prophane cursing at the house of Aaron Storrs Innholder in Hanover in saying that he wished said Storrs damned" was ordered to pay 4 / for the poor of the College District and 4 / costs.
Sometimes, indeed, justice was tempered with mercy. On July 28, 1773, the venue being laid since June 29, in Grafton County, Walter Fairfield was found guilty of "prophanely curs- ing" Preserved Edgecomb at the inn of Tyxhall Cleveland in Hanover, "But as it appears to this Court that the design of the Law may be best answered by remitting the penalty," it was so ordered, though Fairfield had yet the costs to pay, which were taxed at 16/ 6d; while Amos Thompson, the next summer, for beating the same Tyxhall at Lebanon and requesting him "to be damed" paid, all told, but 12/.
On November 21, 1774, Phineas Fairbanks, a student, and Silvanus Morse each paid, on prosecution, 20/ and costs for traveling the previous day, it being Sunday, from Cornish to Han- over.
December 1, 1774, before Eleazar Wheelock and Bezaleel Woodward, justices, Joseph Brison, for stealing several small articles from different persons, was ordered to receive publicly
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History of Hanover
eight stripes on his naked body at some convenient place, order to be forthwith executed under the direction of the constable: and pay threefold damages to those from whom he stole, with costs, amounting in all to £2, 16, 6. "Judgment satisfied."
On February 7, 1775, Ephraim Andrus on complaint of the selectmen of Hanover was required to pay 12/ to the use of the poor, besides costs, and to give security of £4 for good behavior, for spreading false reports concerning the small pox.
March 27, 1775, on complaint by Comfort Sever, tythingman, against Mary Russell for slandering Patrick Field, the tailor, it is "ordered that John Russell the husband of said Mary pay a fine of fifteen shillings and costs" and become bound with her in £20 for good behavior.
The last record in his Majesty's name is of July 11, 1775. Mr. Woodward, who up to this time, in somewhat less than three years, had disposed of about one hundred cases, considering his appointment terminated with the cessation of royal authority, ceased the execution of his judicial functions, and they were assumed by the "Committee for Safety." Few memorials of their proceedings are preserved, but the following record describes probably the first important criminal matter that came before them, since they thought it necessary to seek the approval of the central authority upon their assumption of jurisdiction.1
Colony of New Hampshire Grafton ss.
At a meeting of the Committee of Safety for the Town of Hanover in said County at the house of John Paine, innholder, in said Hanover March 23d 1776 present, Lt. David Woodward Chairman, Capt. Aaron Storrs, Bezal Woodward, Esq. Clk.
Bezaleel Phelps of Norwich in the Coloney of New York, yeoman, was bro't before this committee by virtue of a warrant issued by Bezaleel Wood- ward and Aaron Storrs two of the Committee, predicated on his having in his custody and detaining a certain note of this Colony bearing the face of a six shilling bill, which is supposed to have been fraudulently altered and increased as to the value or sum therein expressed, by sd Phelps, as by said warrant more fully may appear.
Respondent pleads not guilty.
After a full hearing of evidences in sd case said Phelps confessed that he had burnt said bill being conscious that it was altered, and that in case he may be excused from Penalty for detaining said bill when he knew that it was counterfeit he will disclose to this committee the author of that and sundry other bills, and discover where some of said bills are :- whereupon
1 American Archives, Series 4, vol. v, pp. 502, 503; The same, incomplete ; N. H. State Papers, VIII, 115.
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sd proposal is agreed to, only that he pay costs hitherto made in the affair, till they can be regularly recovered of some other person. Costs taxed at forty shillings.
Said Phelps then desired Lemuel Paine of sd Hanover to produce a certain forty shilling bill which he received on the evening of the 15th inst of Andrew Wheatly of Lebanon, which sd Paine on request accordingly did, which bill is adjudged by this committee to have been altered from a three shilling bill, and which sd Lemuel on his oath declares he recd of said Wheatly as aforesaid.
March 24 met according to adjournment (at 9 o'clock A. M).
Present Lt. David Woodward, Chairman Capt. Aaron Storrs, Beza. Woodward, Esq. Clk Committee of Hanover
John Wheatly, Esqr Major John Slapp,
Committee of Lebanon
Majr John Griswold, Mr. Azariah Bliss
1st Charles Hill of Lebanon, innholder, is brought before these Committees for putting off and passing counterfeit money, at which time Solomon Cushman of Norwich produced a forty shilling bill of the Colony of New Hampshire No. 3260, emitted July 25th 1775 and payable Decr 20th 1779, which is adjudged by these Committees to have been altered, which bill said Cushman on his oath declares he recd of sd Charles Hill in payment for a silk Handkerchief, and sd Hill is not able to inform us of whom he received it, Whereupon it is considered and ordered that sd Hill pay to sd Cushman the value of sd bill, viz. forty shillings and costs.
Judgment satisfied-Beza Woodward Clerk.
The Committee then resumed the examination relative to the bill laid before this Committee yesterday by Lemuel Paine, relative to which Charles Hill (being sworn) testifies that being at this house on the evening of the 15th Inst. he saw Joseph Skinner (of Capt. Green's Co. in Col. Bedel's regt) put a bill into the hand of Andrew Wheatly of Lebanon that he might get it changed.
Bezaleel Phelps before named (being sworn) testifies that he saw Andrew Wheatly give a forty shilling bill to Lemuel Paine to be changed and after- wards as sd Phelps was going to Dr. Eager with sd Skinner sd Skinner told this deponent that it was his bill with which Wheatly paid the reckoning at said Paine's and added "and I made it myself, and I have altered a good many, bills from three shillings to forty shillings, and I have known many more altered both here and at Cambridge and a person may make his for- tune by it in a little time." He also said that all the money he spent at Cambridge he altered, and further said to sd Phelps that if he told any- body of it he would kill him. Said Phelps further testifies that he saw said Skinner cut certain pieces from a certain book or pamphlet to use in alter- ing bills, and sd Skinner told him he had cut pieces from it before to use for that purpose, and that he would not take a thousand pounds for the book. Phelps described the book and informed particularly where he had left it (which being produced exhibits strong grounds to apprehand from
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History of Hanover
its appearance that it has been abundantly used for that purpose). Said Phelps further testifies when said Skinner had some paste to use in alter- ing money Mrs. Winton coming into the room asked what it was for? Dr. Eager replied to paste books-when he was sometimes in the room whilst Skinner was altering bills with the paste both before and after Mrs. Winton asked the question. Said Phelps further testifies that he saw sd Skinner alter a bill to a forty shilling last Sunday, and this deponent observing Dr. Eager to be present part of the time asked Skinner whether the Doctor knew of his altering bills to which Skinner replied, "Damn him yes." Said Phelps further testifies, That Dr. Eager, at another time, examined him whether his father could make plates to stamp money; "for (said he) if we had plates, we could make money very conveniently at my house, and nobody would mistrust us." Said Eager, at the same time, added, that the reason of his going to Canada last fall was, because he was informed he could there get large quantities of counterfeit paper money ; but they lied to him, and he would not be caught again in going to Canada for noth- ing.
Whereupon, it is considered and adjudged by these Committees that said Joseph Skinner ought to pay to said Lemuel Paine the apparent value of said Bill uttered and put off to said Paine, viz : forty shillings, as appears by the foregoing evidence, and the cost of this examination, taxed as follows, viz :
Time and expense of three Committee-men
from Hanover two days, (and one all night
on service,) at 20s each £3 0 0
Four Committee-men from Lebanon one a half day at 10s 200
Three copies of the case at large, with the evidences, 0 10
Entry of the case on record at large
0 10 0
Attendance of two evidences one day each
at 12s; one evidence two days, at 8s. 100
Costs brought on said Phelps in the affair 200
£9 00
And whereas the said Joseph Skinner is supposed to be guilty of altering said Bill and sundry others; and as he now belongs to Colonel Timothy Bedel's Regiment, in the Northern Department of the Continental Army :
It is Ordered by this Committee, That copies of this examination, signed by the Chairman and Clerk, be delivered to the said Colonel Bedel (who is now present,) for the purpose, that he may cause the said Joseph Skinner to be apprehended, and that he may be made to pay the above-mentioned damage and costs; and that he may be further examined touching his alter- ing said Bills, and dealt relative thereto, as to law and justice appertains.
And it is furthered Ordered, That copies of the foregoing procedure, signed by the Chairman and Clerk, be transmitted to the Committee of Safety for this Province, and also to General Washington, and that they write a respectful letter to his Excellency, setting forth the grounds this
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Committee have to suspect alterations of money in like manner in the Army at Cambridge.
Per order of the Committee :
David Woodward, Chairman.
A true copy from the Minutes, Attest :
N. B. March 29, 1776-Notwithstanding the foregoing suspecting Dr. Eager, this Committee are fully convinced of his innocence in the matter.
Per order : Bezaleel Woodward, Clerk.
Mr. Woodward's appointment as justice of the peace was revived by the New Hampshire Assembly January 13, 1776, but there is no evidence that he acted under it, nor under a similar appointment conferred by the State of Vermont in 1778. He received a reaffirmation of his authority from Vermont on April 16, 1781, in which year he was also appointed judge of probate for the Dresden district, but there are no records of his proceed- ings in that capacity. Under his appointment as justice he resumed his records as follows:
State of Vermont
Windsor ss
At a Justice's Court holden at Dresden in said County on Monday the 7th day of May A. D. 1781
Before Bezaleel Woodward, Esqr, Justice.
The record gives five civil cases, all entered by him between May 7 and July 20, 1781. Then follows another hiatus until January 14, 1784, when he resumed his work, once more under the State of New Hampshire, under an appointment by the Assembly, late in 1783.
That Mr. Woodward's appointment did not satisfy all parties is shown by the fact that in November, 1784, sixty inhabitants of the northern and eastern parts of the town united in a petition to the General Court for the appointment of Russell Freeman as an additional justice, representing "that settlements are made in almost every part of the town, and at present all have no justice except Mr. Woodward, who lives in that part called the College District, which is at one corner of the town, and remote from the main body of the inhabitants, which renders it very inconvenient for the people back from the College part."
Jonathan Freeman was appointed justice December 25, 1784, and the signers of the petition were probably a faction opposed to him. They were not able to prevent his appointment, but they
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History of Hanover
did secure that of Russell Freeman as justice, March 18, 1875.1
From his last appointment Mr. Woodward continued to hold the stated terms of his court in Hanover until a short time before his death in 1804. The causes were now principally on the civil side, for debt, many by confession. The course of the criminal business was about as before, though, in proportion, of less magni- tude. A few of these cases are curious enough to bear notice. One case shows us that tramps were even then known and appre- ciated.
On February 26, 1785, Asa Parker of Hanover complains of one Alexander Patterson, a transient person about nineteen years of age, for stealing in the night time a horse, a "great coat, a strait bodied coat, pair of breeches, pair of stockings and a pair of silver knee buckles," which he carried to Claremont, where he was arrested on suspicion, and the articles recovered, though damaged to the amount of 13s 4d. On confession of the facts the boy was adjudged to pay to the complainant forty shillings damage, also a fine of ten shillings, and forty shillings costs, and receive ten stripes on the naked body. "And as it appears to this Court that the said Alexander the offender is unable to make restitution or pay the costs, the said Asa is therefore empowered to dispose of said offender in service to any subject of this State from the date hereof till the first day of September next, for the making satisfaction for said damage and costs, £4, 10."
The form of punishment by binding out to service became now quite frequent.
On March 15, 1785, John Green, with another, was arraigned
1 The signers were as follows :
Joel Brown
Samuel Huse
John Smith
Zadock Brown
David Huse
Calvin Topliff
Eliada Brown
Robert Huse
John Tenney
Perley Buck
Solomon Jacobs
David Tenney
Israel Camp
Nathaniel Ketchum Eldad Taylor
Daniel Chandler
Peter Knap
Benjamin Tiffany
Salmon Dow
Peter Knap, Jr.
James Tiffany
Lemuel Dowe
Thos Miner
Reuben Tenney
John Durkee
Robt. Mason
Silas Tenney
Thos Durkee
John Ordway
Nathaniel Woodward
Abijah Durkee
Timothy Owen
William Woodward
Simeon Forbes
Benjamin Plumley
David Woodward
Silvanus Freeman
Phineas Page
John Wright
Stephen Herrick
Abel Parks
Elijah Hurlbutt
Asa Parker
John Wright, Jr. Delano Wright
Nathanl Hurlbutt, Jr.
Timothy Parker
John Williams
Nat. Heaton
Augustus Storrs
Asahel Warren
Webster Hall
Edward Smith
Elijah Wolly ( ?)
Asa Hill
Samuel Slade
David Wright
Eliezer Hill
Abijah Smith
Peter Walker
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for theft, and it appearing by proof that the watch of Colonel Ebenezer Brewster was found in the knee band of Green's breeches, he was sentenced to pay Colonel Brewster 20/ besides 40 / fine and 20 / costs, and in default of payment of the fine within about two hours, that he receive ten stripes on the naked body at the usual whipping post in this place, and stand committed for the rest. He paid and was discharged.
On August 9, 1786, for stealing, Samuel Gaylord, besides a fine of 20 /, was ordered to pay to the complainant, Asa Holden, £5 11 0, treble the value of the goods stolen, and to be assigned by the complainant in service to any subject of the United States for a term not exceeding six months and to make satisfaction for said damage and costs.
Next comes, on January 11, 1787, another tramp, John Smith, a "transient person," who stole from the dwelling house of Daniel Phelps of Lebanon "a spotted linen handkerchief of the value of two shillings and other enormities did then and there commit, against the peace and dignity of the State, and to the damage of and threw himself on the mercy of the court,
"all of which being duly viewed by said Justice, it is considered and adjudged that the said John for said offence forfeit and pay to the said Daniel the sum of six shillings being treble the value of the handkerchief, and that he be further punished by whipping at the usual whipping post in that part of Hanover called Dresden, between the hours of twelve and one o'clock this day, fifteen stripes on the naked back; and that Nath! Hall, Jr., a Deputy Sheriff for said County be the officer to see to the execution of the last part of said sentence, and is required immediately after the execu- tion thereof to have him again before said Justice to receive such other order as to law and justice appertains, and that he pay costs taxed at thirty shillings.
And the said Deputy Sheriff having executed that part of the sentence which respects the whipping of said John and having brought him before said Court the said offender declares himself unable to make restitution or pay the damage and costs. It is therefore further considered and adjudged that the said John be enjoined to make satisfaction to said Daniel by service for the term of six months."
On March 16, 1787, Eben, a transient negro man, was appre- hended for making, with others, between eleven and twelve o'clock at night in a "riotous, roisterous and tumultuous manner," an assault upon the dwelling house of Colonel Eleazar Wheelock, then a trader in the village, "repeatedly calling said Eleazar by his proper name," and he falsely declared "that his said Eben's wife was in travail and in distress for want of some rum
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