title: A few notes on the Shays rebellion
text: : '"^^o^ ^''•-^^^ffil'-. ^^S^ :^m^\ '-^An^ 'oK '^o^ ► V )^\.^'.% ^^ *-•• V • ^^' (* ^ ^< 0^ o--..'^0. /^ 4 o ^o.%^T^\,6^ '"V'^'^*\<j;^^ V'^-'*/ \''* ^^ "'•••• -.^ ^oV' CL. «• X'f .'»K- %.*" .-M^'t X.^'^ '' ^.T» ..^ <^ '»• » i90 A FEW NOTES ON THE SHAYS REBELLION. BT JOHN NOBLE. Reprinted from the Proceedings of the American Antiquarian Society, October 21, 1902. 'mmmtt, Pai^^., ^. jl. gl. PRESS OF CHARLES HAMILTON, No. 311 Main Street. 1903. rs s .... A FEW NOTES ON THE SHAYS REBELLION. The story of this startling episode in Massachusetts his- tory is in its general features well known. The causes that led to this rebellion are plainly apparent : — the con- ditions, public and private, prevailing in the State after the close of the Revolution, — the State burdened with an immense debt, its annual tax a million, the impo- sition of special taxes to meet current interest, its resources scanty, public credit impaired, indebted to its own soldiers, — a third or so of the whole patriot army, — more than half a million dollars, the condition of the currency affecting all interests, money scant, the present disturbed, the future uncertain, general un- rest and uneasiness among a considerable part of its citizens, private embarrassments and difficulties even greater and more keenly felt, the debtor class increasing, debts piling up and means lessening, the relentless ex- actions of creditors, the persecutions of too many unscru- pulous lawyers, the lower courts crowded with suits, — some two thousand pending at one time in a single county, consequent judgments numerous and oppressive, levies thereon distressing, the del)tor willing it may be but helpless, the unwise enforcement of processes, too often the well-to-do made poor, and the poor made beg- gars, no stay law to protect, discontent and want and suffering in many quarters, grievances fancied as well as real stirring up the people, dissatisfaction magnifying present troubles and foreboding worse, complaints spring- ing up about the courts, the lawyers, the fees, the salaries of officials, the Senate and even the Constitution of the State, complaints in short of all sorts and kinds, — the ominous mutterings of the coming storm. The outbreak, — occasional uprisings and disorders, the August Conventions, faith in legitimate methods of relief weakening, the rising and increase of the mob spirit, the growth of mistaken and blind notions of remedy, con- founding effect with cause, popular passions too often, as will always be the case, played upon by demagogues, dis- orders, commotions, riots, occurring here and there, — the stopping of the courts, — the mustering in arms, — and finally the starting of an actual and open rebellion, limited but fierce ; — later the counter movement of the Govern- ment, — the trial of pacific measures, — then, at last, driven to its onl}^ alternative, — the employment of the military, and the suppression of the rebellion by force of arms ; the ensuing skirmishes and battles, and the final outcome of this single and singular event in Massachusetts his- tory, — all these have been set out more or less fully in local town histories, in the histories of the State, in histories of the affair, in the collections of historical societies and in other (juarters, — though sometimes the economic and industrial conditions of the time, with their natural operation and inevitable outcome, seem to have lacked full recognition and almost to have been lost sight of in the more exciting story of the violent collisions and the armed clash of the conflicting elements. The judgment of posterity has been passed in one form or another upon the whole affair and the actors in it on either side, finding at least one common ground of concurrence, — that the event was a test and proof of the strength of popular government and of the character of the people that make up the Commonwealth. One side of the Rebellion has perhaps been less gener- ally known, and possibly there may be some matters of interest in the less conspicuous details of the affair, and in the shape in which it presents itself in the records of the coui"ts. So I have ventured to brinof here todav a few scattered bits, taken almost at random from the great mass of papers there preserved. One or two have been taken from the different classes of papers, the more important, as illustrative of the whole. These show, as is so often the case, the great amount of historical material lying in the records and files of court, of service not merely in the investigation of any particular cause in issue, and of legal proceedings and practice at any given time, but as well to the local historian, the antiquary, the genealogist, the delver into the conditions and circum- stances of the past, and the student of jurisprudence. The records of the Supreme Judicial Court sitting in the Counties of Worcester, Hampshire and Berkshire, during this period, especiall}^ in the year 1787, are full of recorded cases upon indictments for treason, sedition, and variously designated offences connected with the rebellion ; and there are also some in Middlesex. In most of them the offenders are let off with fines more or less severe, upon their recognizances to keep the peace, and many are acquitted. The records of 1787 and the minute books of that year and the next, show some eighteen to have been convicted of treason and sentenced to death. These records indicate a trial with all the dignity, solemnitj' and impartial firmness, which have always characterized that* court ; — and eminent and famous counsel were assigned b}'^ the court for the defence of the prisoners, — Simeon Strong and Caleb Strong in Hampshire ; Theodore Sedg- wick and Caleb Strong in Perkshire ; James Sullivan and Levi Lincoln in Woicester ; and Christopher Gore and Thomas Dawes in Middlesex. Among the juries appear names of many well known and leading men of the time, some of which are repeated in those of distinguished men of today. In Berkshire seven were convicted of high treason and sentenced to death: — Peter Wilcox, Jr., Nathaniel Austin, Aaron Knapp, Enoch Tyler, Joseph Williams, Samuel Rust and William Manning ; in Hampshire eight, — Jason Parmenter, Daniel Luddington, James White, Alpheus Colton, John Wheeler, Henry McCullock, Will- iam Clark, Abiah Converse ; and one more, Timothy Hinds, who had pleaded guilty, when brought in for sentence exhibited a pardon, which is spread upon the records, from the Governor, and is let go without day ; one in Worcester, Henry Gale ; one in Middlesex, Job Shattuck. Besides the extended records of cases which went to final judgment, contained in the large and heavy volumes which make up what is strictly denominated Court Records, there are great numbers of individual papers, making what is called the Court Files, consisting of the original pleadings in the cases, exhibits, depositions, processes, verdicts, bills of costs, and all sorts of miscel- laneous matter connected with and concerned in the cases, not only those recorded in full, but also those abandoned, discontinued, settled or otherwise disposed of, in which are often matters of peculiar interest and importance, bearing not only upon the causes themselves but also upon outside concerns and affairs. Shays's Rebellion has its share of these. In the files for Worcester County there are indictments of some two hundred persons, from September, 1787, to April, 1789, for high treason, insurrection, riot, sedition, "seditious acts," "treasonable practices," "traitoursly assembling," and various offences connected therewith ; and with these indictments are numerous papers, such as lists of jurors, of witnesses, bills of costs, fee-bills, sheriffs' returns of fines collected, recognizances, ete., with some original letters used in evidence. Of the recognizances a hundred or more are in packages, endorsed " not to be carried for- ward," an indication of the beginning of the end of the Rebellion. Ill Essex County there is a single indictment for sedi- tion, and some other cases growing out of the Kebellion, to be referred to in another connection. In Middlesex County are some fifteen or twenty indict- ments for treason and kindred offences. In Hampshire County some two hundred persons were similarly indicted, and with these indictments are numerous papers of the character already mentioned. In the files of 1789 are some sixty indictments not further prosecuted or recorded, and in those of 1790 are some fifty more, in- cluding one indictment containing one hundred and fifteen names. Each indictment has often or usually more than a single name, sometimes many, and this is the case in all the counties. In the files of the court for Hampshire and Berkshire jointly are indictments of some one hundred persons, in 1787, April and September. Among these come some with slightly different designations : — "Assisting insur- gents," "rebellion," "riotously, routously and tumultously assembling," " traitor," " traitorous conduct," etc. There are here over one hundred recognizances entered into by defendants who had availed themselves of the indemnity offered. In the files for these western counties there are also printed proclamations of the Governor, and printed copies of Acts of the General Court, which were used and played their part in the legal proceedings, as shown by the various indorsements upon them. The outcome of all these legal proceedings, — spread out upon the records of the courts or wrapped up in the multitudinous papers, — is well known. Formidable as they appear in numbers and character, the penal results to the offenders are not commensurate. Many of the crimi- nals escape with fines, some collected, others not. Most took advantage later of the Acts of Indemnity and the Executive Proclamations, and, complying with the terms 8 imposed, came back as repentant sinners into the fold of citizenship. No head fell, no blood was shed in legal retribution. In some of the capital cases, occasionally, a touch of the dramatic appears in the conduct of the case and at its final wind-up. Ev en the leaders, few in numbers, and for a while placed outside of the pale of the indemnifying acts and exempted by name from the terms of grace, were afterward par- doned. The strength of the government had been shown, the solidity of its foundations demonstrated, justice, civil and political, had been vindicated, the loj^alt}' of the great body of the Commonwealth proved, a judicious and politic clemency exercised, a rebellion ended, — and peace restored. A threatening crisis in the history of the young Com- monwealth was safely passed, and its lessons recorded and impressed for all time. To illustrate this paper two of the extended records have been taken from the volumes of records, the one in Worcester, the case of Henr}'^ Gale, and the one in Mid- dlesex, that of Job Shattuck. An indictment for treason prosecuted to its conclusion is, happily, almost unique in American history. In these indictments of the rebellion there is a touch of the pic- turesque in their style, and the rattle of arms seems to stir up the dull uniformity and formality of legal precision ; " inter artna silent leges," with due reservations. Their whole effect is most dignified and impressive. To add here the sequel : — It appears from Governor Hancock's message of October 17, 1787, that on the 13th September he had "sealed a pardon" for these two, Henry Gale and Job Shattuck, together with Jason Parmenter and Henry McCuUock. CASES OF GALE AND SHATTUCK. CoMLTH. V. Gale et al. At the Supreme Judicial Court of the Commonwealth of Massachusetts begun and holden at "Worcester within and for the County of Worcester on the last Tuesday of April in the year of our Lord seventeen hundred and eighty-seven by Adjourn- ment by Writ to that time from the Tuesday next preceding the last Tuesday of the same April by Virtue of an Act of the General Court made in February last past. The Jurors for the Commonwealth of Massachusetts upon their Oath present that Jacob Chamberlain of Dudley in the same County, Gentleman, Henry Gale of Princeton in the same ' County, Gentleman, Josiah Jennison junior of Spencer in the same County, yeoman, being members and Subjects of the Commonwealth aforesaid and owing allegiance to the same not having the fear of GOD in their hearts nor having any regard to the Duty of their allegiance but being moved and seduced by a lawless «fe Rebellious Spirit and withdrawing from the said Commonwealth that Cordial love and due obedience, fidelity and allegiance which every member of the same of right ought to bear to it and also most wickedly and traiterously de^'ising and conspiring to levy war against this Commonwealth and thereby most wickedly and traiterously intending as much as in them lay to change and subvert the rule and Government of this Com- monwealth duly and happily established by the good people the Inhabitants and Citizens of the same according to their Consti- tution and form of Government ; and to reduce them to anarchy lawless power and Confusion upon the fifth day of September in the year of our Lord seventeen hundred and eighty-six and on divers other days and times as well before that time as since at Worcester within the said County of Worcester falsely and traiterously did devise and Conspire to levy War against this Commonwealth And then and there with a great number of Rebels and traitors against the Commonwealth aforesaid viz : the number of five hundred whose names are yet unknown to the Jurors being armed and arrayed in a Warlike and hostile manner viz with Drums beating fifes playing and with Guns, Pistols, bayonets. Swords, Clubs and divers other weapons as well offensive as defensive with force and arms did falsely and traiterously assemble and Join themselves against this Common- wealth and the Laws and Government of the same established by the Constitution and form of Government as aforesaid and then and there with force and arms as aforesaid did falsely and traiterously array and dispose themselves against the Common- wealth aforesaid and the due Administration of Justice in the same according to the law and Authority of the same and then and there with force and Arms as aforesaid in pursuance of such 10 their wicked and traiterous intentions and purposes aforesaid did falsely and traiterously prepare order wage and levy a public and Cruel war against the Commonwealth aforesaid and then and there with force and arms as aforesaid wickedly and traiterously did assault, imprison, Captivate plunder, destroy, kill and mur- der diverse of the liege subjects of the said Commonwealth in the peace of the said Commonwealth being and lawfully and in the duty of their allegiance to the said Commonwealth defending the same from the traiterous attacks as aforesaid all which is against the duty of their allegiance against the peace of the Commonwealth aforesaid, the law of the Commonwealth afore- said in such Case made & provided and the dignity of the same — And now in this present term before the Court here come the said Jacob Chamberlain and Henry Gale under Custody of the sheriff of said County and being set to the Bar here in their proper per- sons and forthwith being demanded concerning the premises in the Indictment above specified and Charged upon them how they will acquit themselves thereof they severally say that thereof they are not Guilty and thereof for tryal severally put them- selves on GOD and the Country (James Sullivan and Levi Lin- coln Esqrs. [See Supreme Judicial Court Record, 1787, folio 101.] Commonwealth v. Shattuck et al. At the Supreme Judicial Court of the Commonwealth of Massachusetts begun and held at Concord within and for the County of Middlesex on the ninth day of May in the year of 11 our Lord seventeen hundred & eighty-seven by adj(jurnment8 to that time by Writs from the first Tuesday of the same May in pursuance of Law. The Jurors for the Commonwealth of Massachusetts, upon their Oath present, that Job Shattuck, of Groton, in the County of Middlesex, Gentleman, and Oliver Parker, of Groton, afore- said. Gentleman, being members and subjects of this Common- wealth and owing allegiance to the same not having the fear of GOD in their hearts nor having any regard to the duty of their allegiance but being moved and seduced by a lawless and rebel- lious Spirit, &c , &c And now in this present Term before the Court here come the said Job Shattuck and Oliver Parker under Custody of the sheriff of the said County and being set to the bar here in their proper persons and forthwith being demanded concerning the premises in the Indictment above specified and Charged upon them how they will acquit themselves thereof they severally say that thereof they are not Guilty and thereof for tryal severally put themselves on GOD and the Country (Christopher Gore and Thomas Dawes Esqrs. having been assigned by the Court as Counsel for the prisoners) a Jury is immediately impannelled viz Sam^ Hoar foreman and fellows namely Samel Cutter, Josiah Capen, Jonas Munroe, Jacob Richardson, Eleaz'- Davis, Archelaus Felton, Silas Gates, Nathan Barrett, Jon*- Patch, Moses Abbot and Isaac Wilkins who being sworn to speak the truth of and Con- cerning the premises upon their Oath say that the said Job Shat- tuck is Guilty and that the said Oliver Parker is not Guilty. It is therefore Considered by the Court that the said Oliver Parker be discharged of tJiis Indictment — And now the Attorney Gen- eral moves that sentence of Death might be given against the said Job Shattuck the prisoner at the Bar upon which it is de- manded of him the said Job Shattuck if he has or knows ought to say wherefore the Justices here ought not upon the premises and Verdict aforesaid to proceed to Judgment against him, who nothing further says unless as he before had said. Whereupon all and singular the premises being seen and by the said Justices here fully understood It is Considered by the Court here that the said Job Shattuck be taken to the Goal of the Commonwealth from whence he Came and from thence to the place of Execution and there be hanged by the neck until he be dead. [See Supreme Judicial Court Record, 1787, folio 122.] Among the Worcester Files of 1787 is an original indict- ment against Daniel Shays, Luke Day and nineteen others. This, with many others, was carried forward, while the remainder were endorsed "not to he carried forward," and apparently dropped. Nothing appears, however, upon L.ofC. 12 the Records of the Court, though a careful search has been made, to show that this indictment was ever brought to trial, and the names of Sha} s and Luke Day, sometimes called the "Master Spirit of the Rebellion," so far as the extended Records are concerned, are conspicuously absent. In the Minute Book of Hampshire, 1787-1789, for the term holden at Springfield the fourth Tuesday of Sept., 1787, it appears, in the case: — "Commonwealth v. Luke Day, High Treason." "And now in this present Term before the Court liere comes the said Luke Day under the custody of the Sheriff of said County," and being set to the Bar he pleads a mis- nomer — " that from his Nativity to this Time, he has been called and known by the Name of Luke Day, Jr." The pleadings are in the old elaborate form — covering more than tAvo length}'^, legal pages ; the Replication of Attor- ney-General Paine is held good, and the defendant, on being "held to answer over unto the charge of Treason, . . . says he is not Guilty, and thereof for Tryal puts himself on God and the Country," and " The indictment is continued." It comes up again at the Sept. Term, 1788, and is again continued ; and the suggestion in the message of Governor Hancock, 27 Feb., 1788, for " oblivion," seems to have prevailed. Worcester, ss. At the Supreme Judicial Court begun & holden at Worcester within & for the County of Worcester on the last Tuesday of April in the year of our Lord seventeen hundred & eighty seven by adjournment to that time by Writ from the Tuesday next preceeding the last Tuesday of the same April by virtue of an Act of the General Court made in February last past. The Jurors for the Commonwealth of Massachusetts upon their Oaths present That Daniel Shays of Pelham in the County of Hampshire Gentleman, Luke Day of West Springfield in the County of Hampshire, Gentleman, Elijah Day of said West Springfield Gentleman, Adam Wheeler of Hubbardston in the County of Worcester Gentleman, Abraham Gale of Princetown in the said County of Worcester Gentleman, James Williams of Rutland in the said County of Worcester Yeoman, Reuben 13 Thayer of Uxbridge in the same County Gentleman, Thomas Moor of Spencer in the same County Gentleman Reuben Lamb of Oxford in the same County Yeoman, Luther Wicker of Paxton in the same County Yeoman, Oliver Watson junior of Spencer in the same County Yeoman, Daniel Henderson of said Spencer Yeoman, Samuel Slocum of said Hubbardston Gentleman Moses Smith of Barre in the same County Gentleman Benjamin Convers of Hardwick in the same County Yeoman, Simeon Hazelton of said Hardwick, Gentleman, Francis Stone of New Braintree in the same County Gentleman, Joseph Richardson of Brookfield in the same County Gentleman, Jonathan Holman of Rf-rry in the same County Gentleman, Ichabod Dexter of said Hardwick Gentleman, Aaron Smith of Shrewsbury Gentleman, being members & subjects of the Commonwealth aforesaid & owing allegiance to the same not having the fear of GOD in their hearts nor any regard to their allegiance, but being moved & seduced by a lawless & rebellious spirit & withdrawing from the said Commonwealth that cordial love & due obedience, fidelity & allegiance which every member of the same of Right ought to bear to it & also most wickedly & traiterously devising & conspiring to levy war against this Commonwealth & thereby most wickedly & traiterously intending as much as in them lay to change & subvert the Rule & Government of this Common- wealth duly & happily established by the good people the inhabitants & citizens of the same according to their Constitu- tion & form of Government, & to reduce them to anarchy, lawless power & confusion upon the fifth day of September in the year of Our Lord seventeen hundred & eighty six & on divers other days & times as well before that time as since at Worcester within the said County of Worcester falsly & traiter- ously did devise & conspire to levy war against this Common- wealth & then & there with a great number of rebels & traitors against the Commonwealth aforesaid Viz. And then & there with force & arms as aforesaid did falsly & traiterously array & dispose themselves against the Common- wealth aforesaid & the due administration of Justice in the same according to the law & authority of the same ; & then & there with force & arms as aforesaid in pursuance of such their wicked & traiterous intentions & purposes aforesaid did falsely & traiterously prepare, order, wage & levy a public & cruel war against the Coumionwealth aforesaid & then & there with force 14 & arms as aforesaid wickedly & traiterously did assault, imprison, captivate, plunder, destroy kill & murder divers of the liege subjects of the said Commonwealth in the peace of the said Commonwealth & lawfully & in the duty of their allegiance to the said Commonwealth defending the same from the traiter- ous attacks as afoi'esaid all which is against the duty of their allegiance against the peace of the said Commonwealth afore- said, the law of the Commonwealth aforesaid in such case made & provided & the dignity of the same. R. T. Paine Atty pro Repub a true bill Rufus Putnam Foreman. Endorsed Indictment vs. Daniel Shays & al. Treason War** to issue on all these. [See Suffolk Court Files, Worcester Sept. 1787 No. 155325.] Neither "color nor previous condition of servitude" seems to have been a bar to active participation and a prom- inent place in the rebellion. There is a somewhat curious indictment in the Hampshire Files of 1787 of Moses Sash, "A Captain & one of Shaizes Councill," for Misde- meanor. He appears to have been an active and zealous partisan and an efficient help, from another indictment for stealing^ arms and ammunition for use in the cause. Hampshire ss. At the Supreme Judicial Court begun & holden at Northampton within & for the County of Hampshire on the ninth day of April in the year of our Lord Seventeen hundred & eighty seven by adjournment to that time from the first Tuesday of the same April by writ by virtue of an act of the General Court made on February last past. The Jurors for the Commonwealth of Massachusetts upon their oath present that Moses Sash of Worthington in the County aforesaid a negro man & Labourer being a disorderly riotous & seditious person & minding & contriving as much as in him lay unlawfully by force of arms to stir up promote incite & maintain riots mobs tumults & insurrections in this Commonwealth & to disturb impede & prevent the Government of the same & the due administration of justice in the same, & to prevent the Courts of justice from setting as by Law appointed for that purpose & 15 to promote disquiets, uneasinesses, jealousies, animosities & seditions in the minds of the Citizens of this Commonwealth on the twentieth day of January in the year of our Lord seventeen hundred & eighty seven & on divers other days & times as well before as since that time at Worthington within the County of Hampshire aforesaid unlawfully & seditiously with force & arms did advise persuade incite incourage & procure divers persons citizens of this Commonwealth by force of arms to oppose this Commonwealth & the Government thereof & riotously to join themselves to a great number of riotous seditious persons with force & arms thus opposing this Commonwealth & the Gov- ernment thereof as aforesaid & the due administration of justice in the same, & in pursuance of his wicked & seditious purposes aforesaid unlawfully & seditiously, did procure guns, bayonets, pistols Swords, gunpowder, bullets, blankets & provisions & other warlike instruments offensive and defensive, & other war- like supplies, & did cause & procure them to be carried & con- veyed to the riotous & seditious persons as aforesaid in evil ex- ample to others to offend in like manner against the peace of the Commonwealth aforesaid & dignity of the same. R. T. Paine atty pro Repub a true bill SETH MURRAY foreman Endorsed Indictment vs. Moses Sash a Captain & one of Shaizes Councill Misdem'- [See Suffolk Court Files, Hampshire, April, 1788, Nos. 159059, 159060.] Among the files are a number of original letters, used in evidence, and among these is one "to the good people of boylston," written by Sylvanus Billings and found with an indictment against him. These letters are usually of the same sort, inflammatory appeals or directions and instructions, — sent to individuals to be made public by them, — and seem to have been an instrumentality fre- quently employed ; at the same time they indicate the tone and temper and the grounds of the insurrection. To the good people of boylston as this is perelous times and blood Shed and prisoners made by tirants who are a fighting for promotion and to advance their Intrest wich will Destroy the good people of this Land — we that Stile our Selves Rigelators think it is our Duty to Stand for our lives and for our farailys 16 and for our Intrest wich will be taken from us if we Dont Defend them therefore we would have you take it into Consideration and fly to our asistance and Soon as posable in this Just and Rightous Cause as there must be Seperation made this Request from Daniel Shays and Adam Wheeler who are Chief Commanders of the army as I am greatly Requested by these gentlemen to notify you I think it my Duty to Do so I am your friend and humble humble Servant SILVANUS BILLINGS. December 2 : 1786. Endorsed To Mr. Joshua Stiles, Boylston. [See Suffolk Court Files, Worcester, Sept., 1787, No. 155325.] It was provided in the Acts of Indemnity that private suits for causes growing out of the rebellion should be held excluded from their operation, and that the indemnity granted should be no bar to actions of this character. There is a somewhat famous case of this sort in Esse.x County, that of Young v. Lamb and others — in a plea of trespass on the case, which illustrates the operation of the Act and likewise lets in light upon the events of the rebellion. COMMONWEALTH OF MASSACHUSETTS. Essex ss. At the Supreme Judicial Court of the Commonwealth of Massachusetts, begun and holden at Ipswich, within and for the County of Essex, on the third Tuesday of June (being the sixteenth day of said month) Anno Domini, 1789. — REUBEN LAMB, of Oxford, in the County of Worcester, Miller, David Stone of said Oxford husbandman, Josiah Kings- bury, of said Oxford, Clothier, John Barton, junior of said Oxford, husbandman, David May, of Spencer, in said County of Worcester, husbandman, Thomas Mower, of Brookfield, Gentleman, John Pratt of Ward, husbandman, and Luther Wicker of Paxton, husbandman, and all in said County of Worcester, appellants, vs. David Young, now conversant at Ipswich, in the County of Essex, Physician, appellee; from the Judgment of a Court of Common Pleas held at Newbury Port, in & for the County of Essex, on the last Tuesday of September last ; when and where the appellee was Plaintiff, and the appel- 17 lants were defendants ; in a plea of trespass on the case, for that the said Reuben Lamb, Uavid Stone, Josiah Kingsbury John Barton Jun! David May, Thomas Mower, John Pratt and Luther Wicker, at a place called New liraintree, viz. at New- buryPort, in said County of Essex, on the second day of Feb- ruary, in the year of our Lord, seventeen hundred and eighty seven, with force and arms, in and upon the said David Young, being the peace of GOD, and of the Commonwealth, made an assault, and him then and there with force as aforesaid, beat, wounded & evil entreated ; and then and there, with force as aforesaid, discharged at the Plaintiff a musket, loaded with powder and ball ; which ball entered the Plaintiff's left knee ; by reason whereof the Pits life was long dispaired of ; and he has thereby lost the use of his limb, and been rendered a cripple for life ; and other enormities then and there to the Plaintiff, the said Reuben Lamb, David Stone, Josiah Kingsbury, John Bar- ton, David May, Thomas Mower, John Pratt and Luther Wicker, committed : To the damage of the said David Young, as he saith, the sum of two thousand pounds. And the said Lamb, by Thomas Dawes, Jun]] Esq. his Attorney, defended and said he was not Guilty as the appellant complained, and thereof put himself on the Country. And the appellee, by Theophilus Parsons, Esq. his Attorney, likewise. And the said Stone, by the said Thomas Dawes, Jun! Esq. his Attorney, defended when, &c. and said he was not Guilty as the Plaintiff complained and thereof put, &c. And the appellee by his said Attorney likewise. And the said Kingsbury, by the said Thomas Dawes, Junl Esq. his Attorney, defended when, &c. and said he was not Guilty as the Plaintiff complained, and thereof put, &c. and the appellee by his said Attorney likewise. And the said Barton, by the said Thomas Dawes, Jun! Esq. his Attorney, defended when, where, &c. and said he was not Guilty as the Plaintiff complained, and thereof put, &c. And the appellee, by his said Attorney, likewise. And the said May, by the said Thomas Dawes, Jun! Esq. his Attorney, defended when, where, &c. and for plea said he was not Guilty as the Plaintiff com- plained, and thereof put, &c. And the appellee, by his said Attorney, likewise. And the said Moore, by the said Thomas Dawes, Jun! Esq. his Attorney, defended when and, &c. and said he was not Guilty as the appellee complained, and thereof put &c. And the Appellee, by his said Attorney, likewise. And 18 the said Pratt, by the said Thomas Dawes, Junf Esqf his Attor- ney, defended when, &c. and for plea said he was not guilty as the appellee complained, and thereof put, &c. And the appellee, by his said Attorney likewise. And the said Wicker, by the said Thomas Dawes, Junf Esq'' his Attorney, defended when, &c. and for plea said he was not guilty in manner and form as the appellee complained, and thereof put himself on the Country. And the Plaintiff, by his said Attorney, likewise. Issue being thus joined, the case after a full hearing was committed to a Jury sworn according to Law to try the same, who returned their Verdict therein upon oath, that is to say, they "find each of the appellants, except John Pratt, Guilty and assess damages against each of them for the appellee, in the sum of one hundred and thirty five pounds ; they also find John Pratt not Guilty of the charge alleged against him." And thereupon a motion was made by the appellants in arrest of Judgment, because the damages were assessed severally ; which was overruled — the Verdict set aside, and new tryal granted. And then said appeal was Con- tinued unto this Court. And now the parties appear, and the case after a full hearing is again committed to a Jury, sworn according to Law to try the same, who return their verdict therein upon oath that is to say, they " find each of them guilty, and assess for the appellee damages to the amount of nine hun- dred pounds, against the appellants." IT IS THEREFORE CONSIDERED BY THE COURT, that the said David Young, recover against the said Reuben Lamb, David Stone, .losiah Kingsbury, John Barton, David May, Thomas Mower, John Pratt, and Luther Wicker, the sum of nine hundred pounds, Lawful money damage & Cost taxed at £1 1 . 5. 11. Exon. issued. July 7th, 1789. See Records of Supreme Judicial Court. 1789. Folio 200. Among the papers in this case are some thirty deposi- tions giving some descriptions of the skirmish at New Braintree. Depositions, taken not as now b}' question and answer confined to the precise issue, but in the form of monologue by the deponent as was the old practice, — often full of irrelevant and extraneous matter and incidental digressions, — bring out vividly an occurrence as it looked to eye witnesses and contemporaries, and the whole scene is pictured before us with great distinctness, in its general features and its more minute details. 19 Suffolk Court Files. Essex. June 1789. No. 133939. I Samuel Flagg of Worcester in yf County of Worcester of Lawful age testify and declare, that on Friday the second day of February A D 1787 being at Leicester in said County with Mr John Stanton of said Worcester, and Mf Jonathan Hubbard of said Leicester a dep^ Sheriff, in order to Secure a debt we had against one Southgate, said Southgate not being at home, we tarried a short time until his Father should call him, who soon returned & surrounded the house with a Party of Insurgents of about 150 men under the command of Reuben Thayer & Tim^ Rawson of Uxbridge & Thomas Moore of Brookfield in said County who said they were then returning from General Shay's Army in order to get provisions and with orders to take up any Government men that they might find in arms. Mr Stanton & myself having Pistols they took them from us & conducted us about a mile to one Willsons and then Ordered us into Sleighs with a guard commanded by said Thomas Moore with orders to carry us to Pelham to Gen' Shays, we left Leicester about dark and proceeded on to new Braintree in said County, where we arrived about Eleven O Clock that night at the house of one Moses Hamilton an Innholder where there was a guard of about 30 or 40 Insurgents Stationed as / supposed under the Command of one Capt. Reuben Lamb of Oxford in said County. Centi- nels were posted and hailed us before we got to the house, and being answered by said Moore, that we were prisoners, the word was given to come on when we came into the house the Guard sleeping on the Floor and round the Fire, it being very cold the said Lamb ordered them to make way for us to come to the fire, said Hamilton being in Bed was called up, and I requested him to put out our horses and get us a Bed, which was done and we were conducted to Bed and Centinel placed in our Chamber with a Candle & a Fixed Bayonet Some hours after I was allarmed by the Beating of the Drum, and the words Turn out. Turn out, I asked the Centinel the time of Night he said 2 Clock and asked what was the noise, he made me no answer. Soon after I heard two Guns Fired, and in a very short time more 1 heard as near as I could tell about 20 Guns more, I arose up and found the Centinel was gone and the said Hamilton with some women were in the Chamber & said General Lincoln's light horse were come, I went immediately out of the house, and found it Surrounded with Government Troops, and the Insurgents all gone I asked Doct' Frink one of the Government Troops if any person was killed he said no, that Doct. David Young & Jona- than Rice were wounded I saw them brought into the house and their wounds dressed. Young was wounded in the knee & Rice in the hand, and we soon after returned to Worcester. And I further testify that the said Reuben Lamb and Thomas Moore by directing the men at Hamiltons & on our way there appeared to 20 have y* Command of the Guard, and that I left them both in the house when I went to Bed, and further saith not. SAMUEL FLAGG. Worcester ss. September 8"*- 1788 Then personally appeared the above named Samuel Flagg, & after being carefully exam- ined & cautioned to tell the whole truth & nothing but the truth made oath to the foregoing declaration by him subscribed. Taken at the request of David Young of Ipswich in the County of Essex, Physician to be used in an action of Trespass to be tried at the Court of Common Pleas to be held at Newburyport within & for the County of Essex, on the last Tuesday of September instant, wherein the said David Young is Plaintiff & Reuben Lamb, Miller, David Stone, husbandman, John Barton junf husbandman, Josiah Kingsbury Clothier all of Oxford, Luther Wicker, of Paxton, husbandman, David May of Spencer, husbandman, Thomas Moore of Brookfield Gentleman & John Pratt of Ward, husbandman, all in the County of Worcester, are defendants. The said Samuel Flagg living more than thirty miles from the Place of trial is the cause of this caption. The said Lamb, Stone, Barton, Kingsbury, Wicker, May, Moore & Pratt, respectively, were duly notified, & the said Stone, Barton, Kingsbury, May &, Pratt attended at the Caption — the said Lamb, Wicker & Moore did not attend. Before me JOS. ALLEN Just. Pacis Witness attendance 1 day 2/ ) taking depo' &c. 2/8 j 4/8. Essex ss. Court of Com. Pleas Sept' term A D 1788 Open'd in Court Attest I OSGOOD Cler Worcester ss. 8"'' Sept. 1788, I John Nazro of Worcester in the County of Worcester, being of lawful age, do testify & de- clare that on the night of the 2"^ Feb'' 1787 I was with a party of about one hundred & fifty men in Sleighs & twenty on horseback, who by orders from Major General Jonathan Warner, march'd from Worcester, to Newbraintree in order to disperse a number of Insurgents who had taken post in that Town. On the ap- proach of this force, a party of the Insurgents, run some dis- tance towards their quarters & made a halt on a Peace of rising ground, near the road, leading to their quarters behind a Stone wall, hence they fired upon the Government party & immediately fled to the woods they being in a Body. Going from the house of M'' Hamilton, towards the meeting house, I met with M' Jon? Rice Sheriff, of Worcester ; who was badly wounded in his hand & after assisting him I went forward & found Doct' Young badly wounded through the knee whom I with the assistance of one or two more carried into M.' Hamiltous house where he was 21 dressed of his wounds, & afterwards he came with me to Rutland and I further Say that on the approach of the Government force to the road leading to Hamilton's house, they were hailed by a Sentry twice or three times, and after that immediately fired & further saith not. JOHN NAZRO. Made oath to, before I OSGOOD, Cler. Sept. 8, 1788. [Caption same as of foregoing deposition.] Suffolk Court Files, Essex June 1789, No. 133939. 