August 26, 1777 1

Suffolk Ss. At the Superiour Court of Judicature, Court of Assize and General Goal Delivery began & holden at Boston within & for said County of Suffolk on the last Tuesday of August Anno Domini Seventeen hundred & seventy seven

The Jurors for the Goverment and People of the Massachusetts Bay in New England upon their Oaths present that Ann Bailey of Boston in the County of Suffolk Spinster fraudulently intending to cheat & injure the Inhabitants of this State and of the United States of America did on the third day of March last past; at Boston aforsaid dress herself in men’s apparell to all parts of her Body putting on the outward appearance of a young man & then & there falsly and deceitfully presented herself to Abraham Hunt Esq then and ever since a Captain in the Regiment of the United States of America whereof John Patterson Esqr was Colonel and pretended that she was a young man and that her name was Samuel Gay & then & there deceitfully offered to enlist herself into the Service of the 385United States of America in the company of the said Captain Hunt as a young man & into the Station of a private Soldier. And that the said Ann Baily then & there fraudulently & falsely in Consideration of being paid the Bounty given by this State to Soldiers enlisting into the service of the United States of America & also of the Bounty to be paid by sd. United States to Soldiers so enlisting enlisted herself as a young man by the name of Samuel Gay into the service of the United States aforsaid And the said Abraham Hunt giving credit to the pretentions aforsaid of the said Ann Baily & being deceived by her fraudulent dress appearance & behaviour aforesaid and giving reasonable credit thereto that she was a young man and suitable for a soldier in said service, then & there received & accepted her enlistment into his Company in the service aforsaid by the name of Samuel Gay & then & there paid the said Ann Bailey for & in consideration of her so enlisting as aforsaid the Sum of fifteen pounds ten Shillings and so the Jurors aforsaid upon their Oaths aforesaid do say that the said Ann Bailey in manner & form aforsaid did fraudulently & deceitfully deceive the Government & People of the Massachusetts Bay aforsaid of the sum of fifteen pounds ten shillings to the Damage of the said Goverment & People, to the Evil Example of all others in the like case offending & against the Peace and Dignity of said Goverment & People2

a true bill { Foreman R T Paine pr. Stat Masss Witnesses Amy Lawrence Olive Cook Anna Wyman

Dft. (Miscellaneous Bound, MHS).

1.

This is one of the first actions RTP undertook in his new office, although the previous document indicates that he had already been acting in that capacity. In his diary for Aug. 26 he noted: “I accepted the Appointment of me to the office as Attorney General. Supr. Court.”

2.

“The Jurors for the Government & People of this State upon their oath present that Ann Bailey of Boston in the County of Suffolk Spinster fraudulently intending to cheat and injure the Inhabitants of this state, and of the united States of America did on the third day of March last past at Boston aforesaid dress herself in mans apparrell to all parts of her body putting on the outward appearance of a young man, the said Ann Bailey then and always being a female and not a male and then & there falsely & deceitfully presented herself to Abraham Hunt Esqr. then & ever since Captn. 386in the Regiment of the united States of America whereof John Patterson Esqr. was Colonel, and pretended that she was a young man and as such inlisted into the said company, and received the County &ca. as in the Indictment is at large set forth.

“Whereupon the said Ann Bailey is brought by the Sherif of the said County in whose Custody she was and set to the Bar, and having had the hearing of the Indictment she saith that thereof she is guilty and thereupon It is Considered and ordered by the Court that the said Ann Bailey suffer two months imprisonment and that she pay the Sum of sixteen pounds as a fine to this State and that she pay costs of prosecution, standing committed until this Sentence be performed” (Minutebook, Superior Court of Judicature [Suffolk County]. Judicial Archives, Massachusetts Archives).