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Robert Treat Paine Papers, Volume 4

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Grand Jury notes

Petition from defendants

29 August 1780
Indictment
RTP
August 29, 1780

Suffolk Ss. At the Superiour Court of Judicature Court of Assize and general Goal delivery begun and holden at Boston within and for the County of Suffolk on the last Tuesday of August in the year of our Lord seventeen hundred & Eighty

The Jurors for the Government & People of the Massachusetts Bay in New England upon their oath present, that Duncan McGreger resident at Boston aforsaid Labourer Timothy Lynch resident at Boston aforsaid Labourer Michael Hogan resident at Boston aforsaid Labourer Patrick Ryan resident at Boston aforsaid Labourer Thomas Man resident at Boston aforsaid Labourer Robert Watt resident at Boston aforsaid Labourer Morris Pressingham resident at Boston aforsaid Labourer Keneth McPherson resident at Boston aforsaid Labourer Michael Hayes resident at Boston aforsaid Labourer Edward Hayley resident at Boston aforsaid John Rotch resident at Boston aforsaid Labourer Emanuel Joseph resident at Boston aforsaid not having the fear of GOD before their Eyes on the tenth day of August in the year of our Lord Seventeen hundred and Eighty with force and Arms at Boston aforsaid in the County of Suffolk aforsaid in and upon one Thomas Bickford in the peace of GOD and of the Government and People aforsaid then and there being feloniously wilfully and of their malice aforethought, did make an Assault, and that the said Timothy Lynch a certain Muskett of the value of forty shillings then and there charged with Gunpowder and one leaden bullet, which Musket the said Timothy Lynch in his with both his hands then & there had & held to against and upon the said Thomas Bickford, then and there feloniously wilfully and of his malice aforethought did shoot and discharge: and that 128 the said Timothy Lynch with the leaden bullet aforsaid, out of the muskett aforsaid then and there by force of the Gunpowder shot & sent forth as aforsaid the aforsaid Thomas Bickford in and upon the neck of him the said Thomas Bickford, just below the Vertebra of him the said Thomas Bickford, then and there with the leaden bullet aforsaid out of the Muskett aforsaid by the said Timothy Lynch so as aforsaid shot discharged & sent forth, feloniously wilfully & of his malice aforthought did strike & penetrate & wound giving to the said Thomas Bickford, then and there with the leaden bullet aforsaid, so as aforsaid shot, discharged and sent forth out of the Muskett aforsaid by the said Timothy Lynch in and upon the neck of him the said Thomas Bickford just below the Vertebra of him the said Thomas Bickford one mortal wound of the depth of four Inches and of the length Bredth of half an Inch, of which said mortal wound the aforsaid Thomas Bickford then and there instantly died; and that the aforsaid Duncan MacGregor Michael Hogan Thomas Man, Robert Watt Morris Pressingham Keneth McPherson Michael Hayes John Rotch, then & there feloniously wilfully and of their malice aforethought were present aiding abetting comforting assisting comforting mantaing the said Timothy Lynch the felony & murder aforsaid in manner & form aforsaid to do & commit and so the Jurors aforsaid aforsaid upon their oaths aforsaid do say that the said Duncn McGregor Timothy Lynch Michael Hogan, Thomas Man Robert Watt Morris Pressingham Keneth McPherson Michael Hayes John Rotch the said Thomas Bickford then & there in manner and form aforsaid, feloniously wilfully and of their malice aforethought did kill and murder against the peace of the Government and people aforsaid and the Dignity of the Same

a true bill R T Paine Atty pr. Stat Samuel Welles { foreman

Suffolk Ss. Augt. Term 1780 Duncan McGregor Timothy Lynch, Michael Hogan, Thomas Man, Robert Watt, Morris Pressingham, Kenneth McPherson Michael Hayes & John Rotch are set to the Bar and being severally demanded how they will acquit themselves thereof they severally say that thereof they are not guilty, & thereof for trial severally put themselves upon God & the Country.

Att. Oliver Peabody,1 Cler. 129

Indictmt. for Murder

vs. McGregor et al

Prisoners of War

The Jury say that

Duncan McGregor is not guilty

Timothy Lynch is not guilty

Michael Hogan is not guilty

Thomas Man is not guilty

Robert Watt is not guilty

Morris Pressingham is not guilty

Kenneth McPherson is not guilty

Michael Hayes is not guilty

John Roth is not guilty

Att. Oliver Peabody, Clerk

MS (Suffolk Files, no. 102707. Massachusetts Judicial Archives, Boston, Mass.).

1.

Oliver Peabody (1753–1831) was a 1773 Harvard graduate who later returned to his native New Hampshire, where he became a state senator and later an associate justice of the Court of Common Pleas (1813–1816) (Selim Hobart Peabody, Peabody Genealogy, ed. Charles Henry Pope [Boston, 1909], 68).