Taunton Augt. 6th. 1762 Sr.,

I have considered your Case1 since I saw you last & am clearly of the mind that by Law you ought not to be hindered giving Any Evidence relating to the assault notwithstanding the Verdict on the Indictment agt. you, especially in Mr. John Usher's Case agt. you at Newport where they will undoubtedly play the same card agt. you endeavour to hinder you as they did in the last Case. But as I suppose it Mr. John Usher's Evendence was used in Support of the Indictment agt. you & I suppose was wt. the Jury principally grounded their Verdict upon. It appears to me intirely clear that you cant by the Rules of Law you cant be hindred from encountering that Verdict & if that Jury grounded their Verdict upon Mr. John Usher's Evidence he can't so much as give it in Evidence in the Case so that I advise you to file yr. Reasons of Appeals at Newport & Bristol according to the Law & enquire of the Jury wt. weight they gave to John Ushers Evidence on the Indictment. Mean while if you can get a New Trial of the Indictment it may be worth yr. while229as it will help you out with yr. other Cases & will also clear you from the aspersion of that Judgement. If any one says that you have no Right to a New Trial in a Criminal Matter, they are mistaken, for the Party Convicted, by Law has the Same Right to a new Trial as in a civil matter & for the same Reasons, Vizt. surprize in The Trial, want of Evidence, a Verdict agt. Evidence or any mismanagement whatsoever, & the Deposition you have of the Jurys dissatisfaction in their Verdict will greatly help you to obtain a new Trial if yr. assembly will consider the matter. Upon the whole it appears to me from what I have seen of yr. Case that you have suffered contrary to Law, & that you ought without any Bodys prejudice in yr. favour to recover in all of 'em. If you propose to have my assistance in the matter I beg of you to let me have timely notice of all yr. proceedings that so no more advantages may be lost agt. a Crafty powerfull Antagonist & you may depend I Shall neglect nothing that will help you in the matter. My Compliments to yr. Lady & wishing you success in this troublesome affair & that you may finally prevail against Ecclesiastical or Political Tyranny I Subscribe yr. hble. Servt.

RTP

LbC ; addressed: "To Capt. Simeon Potter Mercht. at Bristol."

1.

Simeon Potter (1720–1806), a native of Bristol, R.I., who went to sea early and amassed a large fortune chiefly from privateering. He held local and state offices and became well known for his part in the expedition that burned the Gaspée on June 10, 1772. The Gaspée, a British armed schooner stationed in Narragansett Bay to prevent smuggling had run aground while chasing a packet sloop. Potter was hot-tempered and often engaged in law suits. According to Clifford K. Shipton, the Rev. John Usher, pastor of St. Michael's Episcopal Church in Bristol, "undertook to rebuke the mistress of Simeon Potter, one of his leading parishioners, for living in adultery. Potter, a privateersman accustomed to violent action, knocked the parson into the street and would have beaten him further if John Usher, Jr., had not interfered. The mariner was fined 500/ but escaped payment by taking steps to carry an appeal to the Privy Council." (Sibley's Harvard Graduates, 6:344–349; Munro, History of Bristol, R. I., 175–185).