Robert Treat Paine Papers, Volume 3
By your’s I1 am informed of your detention at the general Court, and of your wishes that I would supply your place at Springfield, in the trial of Mr. Danalson.2 I am always happy to oblige, especially those devoted to the service of their country—But unhappyly, in this Instance, it was out of my power, from my general engagements in business, and perticular appointments in the Probate office, the present week.3
At Worcester by the desire of the Court, I acted in your office, to the best of my abilities. There were three capital criminal trials, and three convictions for passing counterfiet money. The Court adjudge’d that Mr. Bush of Shrewsbury should pay a fine of thirty pounds, treble damages to the party injured, suffer six months imprisonment, and set, one hour, on the gallows with a rope about his neck.4 The sentence, against the other two, was fine, and imprisonment only.
There are ten, or twelve, other indictments for uttering counterfiet money, and the grand jury not dismissed. The Court have adjourn’d to the last tuesday of November for the trial of such indictments, when I promise myself the pleasure of your company in Worcester. However it is likely I shall see you first in Boston. Next week, is our special Court for the trial of tories—the week after my probate court—the next succeeding I shall be done, in obedience to your order, in Capt. Lovel’s affair—you may expect to see him, who has the honor to be with every sentiment of Esteem Your Friend & Humble. Sevt.,
Levi Lincoln (1749–1820), a 1772 graduate of Harvard, read law with Joseph Hawley, and joined the bar in Worcester County. In January 1777, he became judge of probate for the county, a 392position he held until 1781 while simultaneously maintaining his private legal practice. He served for a month in the Seventh Congress before Thomas Jefferson selected him as attorney general (1801–1804). Later he served as lieutenant governor of Massachusetts (1807–1808) and briefly as governor (1808–1809) following the death of James Sullivan (
Sibley’s Harvard Graduates
, 18:121–128).
At the September 1777 session of the Superior Court of Judicature for Hampshire and Berkshire counties the state brought two suits concerning Timothy Danielson (1733–1791), brigadier general in the state militia, and the men whom he had drafted but who had refused to march with the army or to provide substitutes. The first case, against John Williams of Deerfield, gentleman, was found in favor of Williams. However, the second case, against nine yeomen of Deerfield, judged them all guilty and assessed fines ranging between £5 and £10 plus costs (Minutebooks of the Superior Court of Judicature, microfilm copy at MHS). For further details on Danielson’s efforts to draft soldiers, see
Sibley’s Harvard Graduates
, 14:11–12.
Theodore Sedgwick was appointed acting attorney general for the court session at Springfield for the counties of Hampshire and Berkshire (Minutebooks of the Superior Court of Judicature, microfilm copy at MHS).
Jotham Bush of Shrewsbury, gentleman, was among those convicted of passing counterfeit money at the September term of the Superior Court of Judicature for Worcester County. His minor son, Jotham, Jr., was convicted of a similar offense at the November term (Minutebooks of the Superior Court of Judicature, microfilm copy at MHS).