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Robert Treat Paine Papers

Robert Treat Paine Papers, Volume 4

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Indictment

22 September 1778

From Jonathan Payson

26 September 1778
61
Trial notes
RTP

State vs. Daniel Peirce, Richd. Huddleston, Elijah Cunningham, Elijah Brown, Martin Townsend: Joseph Vaughan: at Springfield Supr. Court. Septr. 1778.1

Capt. Wm. Duglass ) I recd. orders from Col. Simons2 to march ½ <the> my militia company. I was to take command of the company of Williamstown: I ordered Elijah Cunningham to march he Martin Townsend & Elijah Brown belonged to me; I had ordered some march before & they did not. Col. Simons order’d me to take a guard, Elijah Cunningham did not appear. I found he was at Daniel Peirce, on Wednesday I saw El. Cun. & Richd. Huddleston come out & run, they had appeared under arms under me. I don’t know that they were at choice of officers I saw all 6 in Bennington M: House as Prisoners. I had seen ’em all a short time at home. Jos. Vaughan told at Williamstown me he was wounded. there was a great tumult among the people on acct. the Enemy, it was sd. Gen. Sch: was a traytor. my brother fired at Huddleston & Brown there had been a division abt. officers, but had got Steady Cunningham had been in service I let ’em know I would not march any man off the Parade that had any reasonable excuse Townsend & Brown had been drafted in the Spring. I saw Whitman Vaughan dead in the Tory Breastwork Capt. Saml. Clark. ) Peirce Huddleston & Vaughan belonged to my Company at Williamstown, I drafted Huddleston & Vaughan for one month. I had the command of the first party of Prisoners several 100 of all sorts I saw at B. Meeting. Cunningham Huddleston & Vaughan, & Peirce. Vaughan sd he was wounded going across the River I let no body go in but Prisoner, next day saw Brown looking out of window, I recd. Prisoners at Breast Work. They had no arms nor the other Prisoners. Peirce sd. he was taken by the House by Bridge & had not fought there was a jelousy of some abt. Genl. Sculyer, but not of this Party. Vaughan was poor & had been found Saw Townsend in B.M.H. Sunday or Monday. he sd. he was taken at Esqr. McCoom’s & Brown. 62 Ezekiel Whetford ) I live in Hancock Saturday morning at Renselaire mills. Danl. Pearce Richd. Huddlestone sd. they saw us & run, at the mills was a Guard of British Troops, they gave us terms. Saw Govr. Skeene there. Dayfoot asked us to go to Headquarter. 20 persons with me, they went to Headquarters abt. 12 or 1 oClock. I saw Elijah Cunningham & Martin Townsend & Elijah Brown but not Vaughan, we pass’d a Company of Indians. I was drafted & tryd to keep out of the way, I was on the mountain & heard that Capt. Duglass would take any 4 he could not get them he had drafted Townsend & Cunningham sd. they had not joined the Enemy nor did intend to I had heard there was trechery in Gen. Sch: I did not pecieve any danger in returning from McCoombs, heard Enemy in Possn. of Mills Dayfoot told us to bind papers in our Hatts to keep the Indians from firing on us. Joseph Whetford ) I lived at Bennington I saw Martin Townsend taken no Gun. he had a hors tail & paper in his Hatt, wch. was a Tory mark, I askd. him What he did with it. he made no answer, he asked me how I came there if willingly I sd. yes, he sd. you Lye you are a Prisoner; he told me Whitman Vaughan was killed, this was directly after the battle. Jason Wood ) I saw Daniel Peirce abt. 20 Rods from Tory Breast Works & after on Monday evening I saw him at BMH: I saw Cunningham at M House I asked him wt. he thought of going to the Enemy he wd. not answer but turned away. Peter Payn ) Thursday before fight I came to Peirce & Huddlestone, by John Reister in old Hoosuck, went to Blakelys in Pittstown, heard Enemy had got to Wallon Schaick, Danl. Peirce clap’d his hands, & co. sd. well done Mr. Peirce, I saw Richd: Huddleston have a Gun, at Hoosuck & at Pittstown, Capt. Anderson there, went to Esqr. McCoom barn: Col Feister came to Pittsfeild barn, Huddleston said he was going with them, Thursday night we got there with Peirce & Huddleston talk of going to Enemy, Wednesday morning Col. Feister there, & saw Huddleston, Feister sd. they sd. have guns wn. they come to the lines abt. 20 that came in had Guns—75 were mustered. we marched across the Woods & come to the Enemies Lines saw Huddleston & Peirce & we went to building the Breastwork Capt. Anderson bid us work there & before we got in he gave us a peice of paper to put in hat & that Indians sd. we must have Horse hair in hatts: I don’t remember seeing them till after they was taken in 63 the BMH. Danl. Peirce carrying Payls up to the Breastwork: in the Co. at Pittstown they talk’d they wantd to catch Capt. Clark & Peirce & Huddleston were present, one that drafted 2 of them. Wm. Kettel ) on Saturday saw Peirce & Huddlestone before Battle. Elijah Brown Elijah Cunningham there Thursday were washing. I saw Martin Townsend in camp: I saw Joseph Vaughan. Some of sd. they did not know of the Enemy being there, & they were going to see their Freinds at White Creek, the people that had been freindly went to the Enemy & Surrendered; the rumour was that they that went in would be safe without fighting they said they did not incline to take up arms. they said they had been drawn & paid their fines, & yet were called upon, & supposd they should be freed to go Blackman Browning, of Cambridge District in Albany Co.: I saw Martin Townsend by the River in the Lines by their Bounds washing. Elijah Brown Elijah Cunningham: Brown sd. he did not mean to take up arms, on either side: the Enemy arrivd at Walloon Schaick on Thursday morning Richmond Carr ) I got to Renslars mills Thursday morning Peirce & Huddleston came in saw a British Guard there. saw Govr. Skene at Distance, Dayfoot urged them to go to head quarters. saw officers there, they went with me to Head Quarters: there I saw Martin Townsend & Elijah Brown. saw Joseph Vaughan there, am not certain I saw Cunningham Abraham Haven Force 121. the only force 22 do. John Wedderburn Case 216.§.8. joining with Rebells 241. calls Confession

for Prisoners

Isaac Perry of Hancock ) Monday same week of Battle, orders for men: met PM: some men drafted Robt. Car sd. he had rather his Son shd. pay his fine than go: Capt. said he must have the men & would not take the fine: I was acqainted with Martin Townsend & Cunningham & Brown Townsend sat out early to defend the Country: no contention in Town in 64 1777: Several were disgusted abt. Genl. Schyr: Thursday evening heard at Hancock that the Enemy were at Wall Scaick. Timo. Walker ). acording to the Obs: I have made the Hancock Prisrs. are Whiggs some think otherwise, Robert Carr offered to pay fine & some others, Capt. Duglass sd. he must have the men, & turned to me & sd. you that are Select men must prepare Carriages to carry Baggage, & men too, they must go. Edward Wheeler sd. he would shoot them Jacob Galusha, Huddlestone sd. he was at drafted. Cunningham was at Peirces where Huddlestone lived; Tuesday or Wednesday of the Battle they run from the House, Capt. Duglass & his Brother Nathl. after them, & Nathl. fired a Gun. Peter Payn at the Goal said he could not swear he saw Dan. Peirce in Breastwork no opposition at Williamston. Ebenezer Smith ) Peter Payn sd. he could not swear he saw Daniel Smith on Thursday at Walloon Schaick Abraham Gardner ) I have known Peter Payn he is not worthy to give an Evidence Danl. Galusha: Wednesday Huddlestone & Peirce were shot at by Nat Duglass Saml. Sweet ) Peirce & Huddlestone come into the Camp on Thursday abt. 11 or 12; they said they were afraid of being shot by At home they went into the Barn till action was warm John Cunningham, father of Elijah, we was frightd. by Capt. Duglass, his shooting at Elijah. Cunningh. Townsend, Brown, Vaughan & Huddlestone. Saw Peirce come in on Thursday. Guns were brought but they could not take them. we went together. Huddlestone parted, after Battle had been some time Peirce came in Strong3 men are always angry wn. drafted & will say they had as lief be under Ld. North as such Folks. they were threatned to be killed fired at &c. they had Freinds in those parts 65 the fright they were in from the approach of the Enemy. Strange that fear should drive ’em from the Freinds to their Enemies, & how were they to prevent taking up arms after they had got there they were afraid of being shot by Dayfoot they carried no Guns. Payn sd. Peirce & Huddleston came in on Friday but 3 others say he came in on Saturday we he have a hard case to prove we were there where would they have gone if the Enemy had overcome? Blackstone4 Hale5 what make such War as to be Treason 4 Black 82. there must be some overt act Foster6 208. quo animo. did they assemble Deacons Case Wedderburn Case Hol. 165. English living in France 169 delivering up a Castle thrô fear not Treason Foster 218: same 214. Case of Purchase How. 32. § 26. 37 24. Ray7 1585. abt. adhering. might be there out of curiosity Fos: 216 abt. Force of fear we are now establishing a System of Liberty there must be some agreement between the actor & aiders to make the latter guilty they could have no knowledge that the Enemy was in that part of the country They have had Gentn. to collect evidence.
66
Tuesday Septr. 30 State vs. Thos. Rogers, Simeon Franklin John Franklin, John Gardner, Benja. Gardner, William Brown, Philemon Lee. Capt. Wm. Duglass ) I recd. orders to march wth. ½ Militia. I musterd on Monday: gave marching orders to John Gardner Wm. Brown Simeon Franklin to march on Tuesday: part appeared to march, they did not appear at time & place, (I met Wm. Brown coming down to tell me he was not able to travel) I sd. if I was convinced of his not being able I wd. excuse him. I told him not to be out of the way. he sd. he would not: I took Serjt. & guard to look up those who did not appear. I went to Danl. Peirce with Nathl. Duglass. Supposing Elijah Cunningham to be there, he shot sd. he shot into the air to bring ’em too. Thursday morning early Col. Simons had orders to march to Bennington. Philemon Lee, John Franklin Thos. Rogers Benja. Gardner were not to be found Thursday morning to give Orders to, (I did not call upon Thomas Rogers to do military duty & I told him I should not call upon him) I had seen ’em all a short time before I had met with dificulty at alarum before they wd. go into the woods & then return again: the Col therefore told me I must carry ’em under guard & not to take the fine of 3£: we got to Pownal that Night abt. 15m. got to Bennington on Friday noon, there were stores there & Genl. Starks on Thursday we got to Walloon Schaick abt. 9 oClock to our Picket Guard abt. ½ mile this side. I was at Tory Breast Work, wn. the lines was forced. I saw Whitman Vaughan lay dead, he belonged to my Company & also Jabez Sweet immediately Wheeler Duglass sd. he had taken Thos. Rogers a Prisner. I ask’d him wt. he did there he wth. heavy Heart sd. I have done no , at the Picket Guard I saw Robert Sweet a Prisner wounded he died: I saw in B.MH. all but Lee & Brown: they sd. they did not fight. I sd. they all said so: Brown & Lee sd. they retreated back with the Enemy to Burgoyne, & came away just before he surrendred & came home; the first I saw of Lee was in Custody. Brown sd. he had tended Schuyler Mill for them, Lee acknowledged doing some business I think: I told ’em if they had any reasonable excuse I shd. accept I had released some, Brown in perticular he sd. he would not go out of the Way: (Lee in June told me he was whipped for having one of Hows Proclamations, he sd. his Brother desired him to bring one up) 67 Wheeler Duglass ) in the time of Bennington Batt. I was one who went round. Thos. Rogers was deld. to me as a Prisner by Edd. Wheeler, he said he came to Pownal to get a Colt. I sd. it was some distance he sd. I came here to see his uncle: Brown & Lee were absent from the time of our marching till after Burgoyne surrendered he came & comitted sent him Lee to Goal, and Brown was also sent Brown sd. he retreated with the army to Saratoga, to his & work’d in Schuylers Mills for the Inhabitants, he sd. wn. he had a good opportunity he made his Escape & came home, Lee sd. he did not fight after he retreated, to Stillwater but went into the Hospital Lee got home 2 days after the Surrender. he sd. he went away West from Edward Wheeler of Hancock ) I was one of the 5 or 6 ordered to lock up those that were Drafted & saw him Rogers on Wednesday. I saw him at Walloon Schaick & made a Prisner of him abt. a mile from where the Battle was fought on the same spot where the 2d action began, he was coming on Road from the mills 2 persons with him one had a Paper in his hatt. he sd. he had been to get his young mare of his uncle & the Indians took him & carried him within the Line Ezekl. Whetford ) a No. were drafted & ordered to appear at Esqr. Duglass. several offered to pay fines & were refused. James Rennols was one, none of the Prisners present; I was drafted, on Wednesday I saw Thos. Rogers & went with him & tarryed on the mountain Thursday morning went from thence to go to White Creek, went to Pownal, there heard a scout had come out from the Enemy to Bennington Friday morning Dayfoot sd. he would conduct where we should be safe, the 2 Sweets came to us with arms & kept with us as far as we went, Clark Gardner came to us, It was sd. that Capt. Duglass had sd. if he cd. not get those that were drafted he wd. get others: they talk’d that Schuler was traitor & there was no opposition & they were afraid. we went to Esqr. McCoom Dayfoot went with us, McCooms said Enemy twas got to Walloon Schaick & they had 4000 & 700 Indians & 3000 more coming up, stay’d at McCooms that night. he encouraged us to go to the Enemy. & Dayfoot was busy: McCoom asked if they had Guns Dayfoot sd. not many—the Sweets had their guns there, a Dutchman named Fosbury who had a gun who came from Pownal Hoosuck 3 miles with us brought 3 or 4 Guns to us & wanted us. we had followed Dayfoot as a Leader, I did not see what Rogers did with his gun. Dayfoot told me must put papers in our Hatts that 68 the Indian should not hurt us. Dayfoot conducted us to Ranselaer’s Mills on Thursday morning. 4 guns in co. 2 Dutchmen & 2 Sweets. there was a Guard at the Mills of Torys some in Red Coats one man stood centry armed. Dayfoot encouraged us to go to Headquarters, the Prisner seam’d backward as last they went, I heard no Threats at the mills, at McCoombs it was said the Dutch man sd. they would fire upon any that attempted to go back; (I did not percieve any danger in going back) Lee stop’d at Ranslaers mill. & shook hands with a person called his Brother: before we got to Pownel. Broadway asked Lee if he would carry a Gun he sd. no he did not mean to have one. said he had sworn, or taken the oath, & he would not be taken with a Gun: we drank Rum at the Mill: going to Headquarters we passed by some Indians: we did not go to the Breast Work, but scatterd about (The Sweets did not say they were going to the Enemy. I thought their Guns were to hunt) we went there by reason of the distress at home, & we were afraid of fighting the Enemy by reason of the Treachery: Richman Carr Wednesday PM Thos. Rogers & als. went upon Mountain he said he wd. go to see his Aunt. Thursday morning the others came to us & the Sweets. we went to Pownal. Dayfoot sd. he would lead us where we should be safe this was on Friday morning by Caleb Rennols. I thought he was pretty clever of a man, (I told him how we were treated in Hancock) got to Esqr. McCoombs Friday night. Esqr. McCoomb told the No. of the Enemy & sd. they were at Walloon Schaick, he advised us to go to the Enemy. some Guns brought in to the Barn. Esqr. said it was dangerous to go to the Enemy no centry abt. the barn. we went to Ransalaers Mill a No. of Soldiers there one officer, a centry. all of us went there, I did not endeavour to shun them I was going to White Creek thence we all march’d to the head Quarters; offers were made of Fame & money: they sd. they would not engage; Saw Govr. Skeene. I took it he was going after the Reinforcements: John Gardner surrendered himself after the battle. (I was afraid of being taken and brought back for deserting) we talked of working for the Inhabitants, the Gardners talked of going back: (we expected to go back to Hancock in a few days, we thought the Enemy would run thrô the Country) 69 Eleazer Bateman ) I saw John Franklin with a number of Hessians & other Prisners after first battle by Bridge. I saw Thos. Rogers a Pris’ner with Wheeler Duglass. Wm. Brown came to me after surrender of Burgoyne & delivered himself up. Lee & Brown sd. they retreated with the Enemy from Renslairs Mills Abraham Havens ) I lived in Hancock and thought to return to R Island. I met with ’em Tuesday night all but Rogers they asked me when I was going, Thursday we went to Caleb Rennols in Pownal Wednesday found Thos. Rogers R Car, P Carr E Whitford Cl. Gardner & the Sweets they had Guns. Phil. Lee brought a Gun, he gave it to Broadway son Broadway came with us with his Guns & parted with us: at Rennols I saw Dayfoot, I understood he sd. there was a guard kept where our people could take us up; Frosbury had a Gun. when we come near McCoombs I heard firing, Lee sd. it would not do to break Co.: at Rennols some bread in a bread trough: Esqr. McCoom sd. the woods were full of Indians. bid us put markers in our hatts Lee had his Gun at McCooms. 4 more Guns were brought by the Dutchmen. Thos. Rogers took one; Peleg Carr another one of the Franklyns & John Gardner. they carried them to the Mills, a Picket guard kept there of the Enemy, they asked us to fight they said no. they did not intend to fight, they bought Rum, there was 17 of us, at Walloon Shaick the Winter of Baum asked how many. Govr. Skeene said the Rebels were gathring for battle, he directed Dayfoot to conduct us to Headquarters, we all went but Lee his brother was there on guard & armed we all went to Hoosuck Dayfoot in front, they that had Guns went to the Bridge. at Mills (Lee sd. they had whipp’d him & he wd. have Satisfaction)

for Prisoners

Blackman Brownin Saturday after 12 oClock he saw Benj. & John Gardner & Thos. Rogers, no Gun. Benja. Gardner was afraid & wanted to get off towards a party of our men. the talk was that the Enemy had said they might come in & not fight. I saw ’em off at the spring no arms: the Enemy leave so suddenly the People could not get away. Prisoners were made of some & some moved away. Saml. Sweet ) I saw Thos. Rogers, Benja. Gardner & John Gardner when they came in abt. 11 oClock not armed that I saw; people came in from a distance. Genl. Starks lives 2 miles from the Enemy 70

for Prisoners

Martin Townsend ) Capt. Duglass came to Jona. Cunningham house & enquired for his son after he was drafted, thence he went to James Rennols & Benja. Baker & Rennols Baker were armed, Rennold no, they put up Guns did not fire, people intimidated because Enemy prevaild: Timo. Walker a No. that were drafted refused to go. Robt. Carr & James Rennols offer’d to pay his fine. Capt. sd. Carriages must be provided. I did not suppose he meant to carry the men in Carriages. Edd. Wheeler sd. he wd. shoot them if he cd. not catch ’em; Havens told me he did not swear before G Jury that Lee took the Gun again Jacob Galusha ) Nathl. Duglass fired at Cunningham & Huddlestone. they were in the hollow he sd. afterwd. that he wished he had shot ’em thrô the heart Danl. Galusha: same story abt. shooting Abraham Gardner ) I saw Wm. Brown on his return, he was at Pownal 7 or 10 days before we heard of the surrender of Saratoga Wm. Kettel: news was given out that he that wd. not come to the Enemy wd. be taken—Several Rumours came to nothing: Saturday saw ’em all come in but Lee & Brown Caleb Clark. on Wednesday I was in the road saw these people they sd. 2 had been shot at & they intendd to go away saw Rogers at Rennolls, at Pownal Dayfoot came, at McCooms we all had a notion of returning home. McCooms sd. we could not go back: Dayfoot & Frosby had Guns & no body else. only one or two more. no body there but from Jerico at the Mills were Regular Soldier. I see Lee Brother but he had no Gun. they askd us to join ’em they wd. give 100 acres of Land. Wm. Brown took us aside & told the two Franklin to have nothing to do with the army. B. & J Gardner & J & Browning run out to our army. I saw the Sweets to the Bridge & no further. Danl. Peirce I saw Phil. Lee Rogers B & J Gardner at Mills. I saw no arms. near 11 oClock, I heard proposals made to any that were there to go into their service; Thos. Rogers sd. I will not go to Headquarters & they are a fool that will. Phil. Lee refused going & advised me not to go; they had no Arms. Lee in Goal told Havens wt. he sd. to G:J: Havens sd. he did not swear Lee carried the gun to the Mills 71 Gamaliel Whiting, one of the Cmtte. of Great Barrington: Havens sd. he had not given Evidence that Lee sd. it wd. not do to break Co. for he wd. have Satisfaction Jos: Vaughan I saw B: Gardner by flatts no arms, & J. Gardner abt. noon.: Havens sd. he had sworn Lee had a Gun, but cd. not swear he ever took it from Broadway or carryed it to Camp. Martin Townsend. I saw Wm. Brown come and set down by me, sd. you have not had any thing to do with the Enemy. I advise you not to. I saw Whitman Vaughan. Elijah Brown ) saw Wm. Brown, he ask’d me if I had any thing to do with Enemy he advised me not to: Richd. Huddelstone ) Saw Thos. Rogers: & Simeon Franklin, John Gardner. no arms: Rogers and Franklin refused to join, saw a man bringing Guns Franklin & I went away to avoid taking Guns saw Lee at the Mills no Gun he advised me not to go Mr. Sedgwick no Evidence of a conspiracy the crime is not of a secret kind. (is not Conspiring secret) Political disputes run high & people differ in opinion clergy as well as others. Torys are hated a genral Rumour that the Cmdr. in chief was false. all the witnesses have said they did not go to join the Enemy. and it will not do to invalidate their Testimony because then there will be no Evidence to the fact Capt. Duglass had no right to refuse fines it is incredible that there should be this conspiracy & yet all pretend they were going to White Creek if they were going to Burgoyne why not go the direct Road & loiter: Dayfoot a Tory seeking whom he might Devour the Papers in their Hatts, no signature they went for idle curiosity 72 Foster: 350. of accessory Havens was under violent temptation to strike a bargain abt. swearing Foster 243. the uncertainty of confession Lee & Brown. return’d from the Enemy. and they have all been at large, therefore not conscious of guilt Foster. 208. the quo animo 4 Black. 82. adherance I chalenge an Instance of bearly being with the Enemy, has been judged Treason Raymond 1585. not aiding HPC. 37.§ 26 Mr. Strong the State Witnesses are disposed to say as much as they can—are accomplices good Witnesses. Deacon Case: a man may appear in a hostile innocently Boswick Case Wedderburn Case Mm. Attorny’s Law bearing

MS .

1.

The case was heard at the Sept. 1778 term of the Superiour Court of Judicature with William Cushing as chief justice and justices Jedadiah Foster, Nathaniel Peaslee Sargeant, David Sewall, and James Sullivan on the bench:

Hereupon a Jury, Viz: John Hale, foreman, John Warner, Moses Church, Hezekiah Russel, Benja. Colt, Edmund Hubbard, Jedadiah Bliss, David Moasley, Thomas Stebbins, Bohan King, Asaph Leonard, and William King, is called and sworn to try the issue: who after hearing all the evidence upon their Oaths says That the said Daniel Pierce is not guilty: Thereupon his Counsel move that he may go without Day: Thereupon it was moved by R:T: Paine Esqr. Attorney General for this State, That the sd. Pierce be not discharged & go without Day, but that he recognize to keep the Peace & be of good Behaviour; for that tho the Jury have doubted whether the Evidence against hm was Sufficient to convict him of the Treason charged yet That the evidence amounted to proof of a high misdemeanor, & shows it not to be safe for this state that he go with out Bonds: Thereupon Ordered by the Court That he Recog: in the sum of £600—with two Sureties in £300 each for his keeping the Peace & being of good behaviour for the Term of one year & stand committed till Sentence performed. (Superiour Court of Judicature Minute books, Hampshire and Berkshire Counties, Sept. 1778. Massachusetts Judicial Archives, Boston, Mass.)

The same charges were brought against Richard Huddleston of Trees Grant, a minor, who was found not guilty. Upon RTP’s motion, he was ordered to procure two sureties to recognize in £400 each. On the 73 indictment against Elijah Cunningham of Hancock, yeoman, he was ordered to recognize in £400, with two sureties in £200 each. Elijah Brown of Hancock, laborer, and Martin Townsend of Hancock, laborer, were each ordered to recognize in £400 with two sureties of £200 apiece. Joseph Vaughan of Williamstown, husbandman, was to recognize in £600 with two sureties of £300 each.

In the second series of cases, John Franklin of Hancock, laborer, and Simeon Franklin of Hancock, “an infant, under the age of twenty one years,” were each ordered to procure two sureties at £400 each. Thomas Rogers of Hancock, laborer, was ordered to provide a £400 bond, two sureties at £200; John Rogers of Hancock, laborer, two sureties at £400 each; and Benjamin Gardner of Hancock, laborer, a bond of £400 with two sureties at £200 each (Superiour Court of Judicature Minute books, Hampshire and Berkshire Counties, Sept. 1778. Massachusetts Judicial Archives, Boston, Mass.).

 2.

Benjamin Simonds (1726–1807) of Williamstown was colonel of the 2d (Berkshire County) Regiment from 1776 to 1780 (Mass. Soldiers and Sailors of the Rev. War, 14:239).

 3.

Caleb Strong (1744–1819).

 4.

William Blackstone, Commentaries on the Laws of England, 4:82. The first volume of Blackstone’s Commentaries was published in London in 1768, and its success in America was “phenomenal,” making it the preeminent legal text before the Revolution (Josiah Quincy Jr.: Political and Legal Works, ed. Daniel R. Coquillette and Neil Longley York [Boston, 2007], 2:19). The four volumes in RTP’s library were purchased for him in London by Samuel Eliot, June 21, 1770, for £5.12s.

 5.

Matthew Hale, Historia Placitorum Coronæ: The History of the Pleas of the Crown (London, various editions from 1736). RTP’s two-volume copy was purchased for him in London by Samuel Eliot, June 21, 1770, for £5.10s.

 6.

Sir Michael Foster, A Report of Some Proceedings on the Commission for the Trial of the Rebels in the Year 1746, in the County of Surry; to Which Are Added Discourses upon a Few Branches of the Crown Law, viz., High Treason, Homicide, Accomplices, and Observations on the Writings of Lord Hale (Oxford, 1762 and later editions). RTP’s copy was purchased in London by Samuel Eliot, June 21, 1770, £1.11s.4d.

 7.

Probably Sir Robert Raymond, Reports of . . . King’s Bench, Common Pleas, and Exchequer (London, 1743 and later editions).