Robert Treat Paine Papers, Volume 4

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Indictment

15 April 1783

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Resolve Directing the Attorney General to Surcease Any Prosecution Against Beriah Norton

3 October 1783

266

Trial Notes

on the adjoumt.

RTP

Cmnwlth vs. Asa Sterns & 9 als Rioters at Paxton on the 3d. of Feby. 1783.1 Ebenr. Wait I distrained a Cow of Danl. Snow, young cattle of blank Steward a Calf of Asa Sterns. he sd. he wd. bring her up. a Cow also of David Peirce. at Danl Witt John Davis Asa & Boynton told me to go & sell the Cows & not continue the sale a no. of men. Reuben Sterns sd. my Warrant good for nothing. I put Snows Cow up Browning bid 10D. ~~Boynton~~ a rattling at the Barrs. Boynton pulled the Barr. She was struck off to Capt. Newall, she got out. Asa Sterns attempted to stop her being put into the Barn. sd. she shd. not be there long: Asa Sterns sd. a few days before the vendue that he shd. pay no more Taxes & that the reason the sold ’em at Holden was because it was for an old Rate that almost every body had paid—the list there, the Wheelers had terrible Clubbs & Swore what they would do John Fessenden Esqr. Saturday Evg. preceding Sale Mr. Wait Constable there desired me to attend & assist I went on Sunday no. appeared with indecent Clubbs, Parker the Coroner there & Russell the Dpty Shff I spake to the accused, the sd. they had paid Rates as long as they were able & would pay no more. Asa Sterns said he wanted a little money to buy Flip: Asa Sterns sd. it wd. not be healthy for any body to bid, some sd. it will not be for any body to bid above a Copper. Newall bid 3£ Asa Sterns appeard confused & went about & sd. where are they all she was drove away & barr let down & brot back & sold to Capt Newhall David Peirce: Cow set up & accomodated by his paying his Taxes; bid the Constable go to Hell for proposing to accomodate—Jona. Wheeler Jr. was wounded—Dav: Peirce sd. he was fighting for liberty but it was become Tyranny & he wd. support it no longer they sd. the money went to support great men: Mr. Wait had offered if they wd. give Notes for the Taxes he wd. wait. 267 Thos. Pollard.2 I had an Exon. vs. Paxton Cattle was taken from Town Treasurer: I went there 3 Feby. people Collected as I understand to prevent selling cattle taken for taxes. Davis sd. if any man bids more than a Copper he will go home with Scab on his head, they had large Clubbs. I got on to Scaffold saw the Cow drove, the 2 Wheelers held of the Barrs. I cd. distinguish the mobb from the others all the Indicted there among the mobb kepeing together & their clubbs except Boynton but heard his name called: Asa Sterns sd. he wd. pay no more Taxes if he did he shd. have no more money to pay Taxes: Hezh. Ward Esqr. I saw Indicted there some with unusual Clubbs, a Cow belongd. to Dl. Snow the Father of the 2 Snows, one of Indicted whispered to Wheeler & they went into the Barn, then James Snow let down Barr, Wheeler Boynton Davis & some others push’d the Cow over the Barr, all this was before she was knockd off: Reuben Sterns & Nathan Snow came up to Barn Door just as it was shut: Davis & Boynton talk’d rough with me I told em they were & sd. they did not turn the cow out. After Cow sold Asa Sterns said he been try’d for this at Bolton. I sd. it was a Tax on his Land, he sd. he cd. 500 people there to assist. Peter Taft Saturday before Vendue I was at Boynton they asked me if I was going to Vendue. John Davis there he asked if I thought Cow wd. be sold he asked if I wd. bid enuff if I saw half Doz person stood with Clubbs knock me down I went saw all 10 there, Nath. Wheeler had a Clubb. Asa Sterns day before they were taken Boynton askd if he shd. be present they intended the Cattle sd. have been sold for /6d. & returned to the owners. Abraham Smith jr. Saturday before Vendue I saw Nathan Snow & Dl. Bemis sd. Wait had taken Cow from his father, he guest they wd. not be sold, there wd. be eno. there to prevent there being sold, a number of good hardy fellows from Holden, he was going to Abijah Bemiss Mr. Livermore for Josh. & Bradley he asked me to come up & see them, he sd. the first that bid he guest would be knockd down, he asked Danl. Bemiss if he wd. come up & help kill some of them sd. he was then going after hands it was James Snow let the barrs down, I saw the 10 there stand for a party by themselves Abijah Bemiss & Asa Sterns run before the Cow to stop her being drove into the barn. 268 Bradley Livermore,3 Saturday Nathan Snow came to our house, he called me out of Doors he sd. a Cow taken from Father & were to be Vendue I guess there is to be some fighting abt. it. he askd. me if I would list up. he wanted a parcel of hearty Lads there—by G I hope some of em will be killed. said he was going to Bemiss Saturday in with Abijah: at Vendue, a no. came with Clubbs & Sticks they whispered; A. Bemiss shook hands & said I am afraid you are against me. I have something to do and I intend to do it. I saw Jno. Wheeler, James Snow & John Davis & Jo. Prout: David Peirce came along in a Rage took a Bar & threw it over the fence, David Peirce came & took hold of the Barrs again. I saw Abij. Bemiss have hold of the Bar. then Bemiss came to me looking very angry & sd. Freind Livermore I’ll settle with yo. for yr. conduct here to day—I heard the spitting in Lt. Frinks face—Nathan Wheeler lifted up his Clubb & sd. If I cd. have come at Frink I wd. have suppled his head for him, it was a very large Clubb, Ebr. Boynton & Jona. Wheeler had long large sticks, And Struck Lt. Frink with it. I saw Asa Sterns step in between Cow & Barn door. & sd. he guess’d she wd. not stay there long: it was said the Cow was sold for all, Nathan Wheeler said we shall see which way she will be drove to night. Josiah Livermore Nathan Snow came to our house on Saturday, asked me to come to Vendue, sd. they were a going to have a No. of good fellows from Holden; it would not me to be put to Goal, if they did not help I swore Thunder & Lighting would strike me the next minute at Vendue large Clubbs A Bemiss sd. he found I was against him, he sd. he had business to do. Cow set up Browning bid, Bemiss I know you Mr. Browning you will get yr. hide liked for this: Nathan Wheeler sd. if he could have got at Lt. he wd. have suppled his head Saw all 10. there. James Browning I was at Vendue, saw all 10 there, Wheelers & Bemiss hung at Barrs. Lt. Frink sd. t’would be as well to let the Barr stay up. Jona. Wheeler sd. what authority have you to order the Barr yo. are a Congress officer, Frink sd. he wd. keep an eye & Jona. Wheeler spit in his Face. Frink said so you mean to spit in my face & Wheeler sd. he ment to spit in his A—— Frink sd. if yo. spit again Ill strike you with my cane, then Wheeler spit again. Frink struck him. Wheeler struck again. they Closed in, David Peirce tryed to get the barrs down at another place, both Wheelers try’d to get barrs down all of them there sd. Cows should not be sold for any more not wait 269 Oliver Earl Friday or Saturday before Vendue Danl. Steward came to me & desired me to go over to Vendue: Monday David Peirce asked me to go Nathan Wheeler came to me with an uncommon Clubb, he sd. I am going to lick Frink: John Davis sd. I dont think these Cattle will be sold, if they are, not for more than /6d. /8d. or 1/— in barn yard I heard a voice behind me James Snow let down the Barrs, the cow turned out & drove back David Peirce pulled out a Bar & threw it over the fence—I saw Jona. Wheeler spit juices at Frink & Frink struck him: Asa & Reuben Sterns went to stop the Cow going into the Barn, I ask’d Esqr. Fessenden what we shd. do abt. Taxes for I reply to the Authority David Peirce sd. Dam the Authority Asa Sterns said he could have had 500 or 1000 men there if he had been a mind to Aaron Morse Friday night before Vendue James Snow sd. his Fathers Cow was taken & to be sold at Vendue. he sd. Ill buy Stone buttons & pay Rates when I can, he sd. they wd. not make cost to sell her—at Vendue Snow came to me & sd. I might be of another mind then to bid—I saw Asa Sterns striving to pull barrs down David Peirce sd. he had pulled the barrs down 3 times & if they had not been damd fools they might have drove ’em out, sd. I was a d——d Rascall for putting them up Nathan Wheeler sd. Lt. Frink had given his brother a hard blow but he sd. have as bad a one—James Snow tryed to pull Barrs and said he would pull the whole yard down if he could: Abijah Bemiss sd. he was very sorry to see me in such a bad scrape it might be my fathers turn next to have his Cattle sold, he said it was time to leave off paying Rates Heze. Newton Week before I spoke to Artemas How to bring help to support Vendue at Vendue aWhispering. J Wheeler sd. Wait set up the Cattle if you dare. Reuben Sterns pulled out one barr. Boyinton & Snow Davis Wheelers, David Peirce: Lt. Frink sd. the Barrs Shd. be kept up. J. Wheeler spit at him several times Frink struck him Reuben Sterns sd. Dam Civil Govemt. Friday before at Worcester John Davis & Asa Sterns Capt. Phineas Morse I was at Vendue there 10 there with Clubbs. Concealed, associated together, they walked 2 & 3 & did not break their Eyes looked very wild, a hubbub at the Barrs—Nathan Wheeler sd. Lt. Frink shd. have a flogging before he gets him. I warnd Bemiss to let alone, he cursed me & threatned to flogg me. Asa Sterns said if we give the day we will use you well & if you do you shall us. 270 Pliny Moore Wheeler clubd Frink under Chin: wn. Browning bid for Cow. Bemiss sd. Jes. G. Dam him4 he shall have his head broke Mr. Linkoln for Deft. Daniel Witt Asa Sterns offered Wait his Colt Wm. Earl I saw a tumult among the people Capt. Phineas Newell Daniel Bemiss I did not hear Snow ask Smith to go & kill ’em:

MS .

The case was tried before the Sept. session of the Supreme Judicial Court in Worcester. William Cushing sat as chief justice, with Nathaniel Peaslee Sargeant, David Sewall, and Increase Sumner as associate justices. At the same session, there was a case against Moses Williams, Robert Horn, Silas Ball “& another upon an Indictment for Rescuing Aaron Stow from Lawful Custody”; another against Daniel Arnold and others “for a riot at Douglass”; against Josiah Walker, John Phillips, Luke Harden, and others “for a Riot committed at Sturbridge”; against William Wakefield, Solomon Wakefield, David Gaskill, John Harrenden, and Jonas Brown “for a Riot at Dudley”; and against Elisha Flagg, Ebenezer Hammond, John White, Nathan Woodward, Amos Briggs, and Jeremiah Gallant “for a Riot committed at Peterham.”

The judgment on the Paxton riot read:

and now in this present Term the said Asa, Reuben, John, David, Ebenezer, Nathan Snow, James, Abijah, Nathan Wheeler and Jonathan Wheeler Junr. are set to the Bar for their Trial, a Jury thereupon is Impannelled & sworn to Try the issue viz. John Waite Foreman & fellows, namely, John Lyscom, Hannaniah Parker Jonathan Champney, Edmund Brigham, William Onthank, Cyrus Rich, Benja. Hinds, Abiel Sadler Daniel Clap, Thomas Newell & Abijah Gale who after hearing all matters and things concerning the same, return their Verdict & upon their oath do say, that the said Asa Stearns is Guilty, that the said Reuben Stearns is Guilty, that the said John Davis is Guilty, that the said David Pierce is Guilty, that the said Ebenezer Boynton is Guilty, that the said Nathan Snow is Guilty, that the said James Snow is Guilty, that the said Abijah Bemiss is Guilty, that the said Nathan Wheeler is Guilty & that the said Jonathan Wheeler Junr. is Guilty. It is therefore considered by the Court that the said John Davis Pay a Fine of Four Pounds for the use of said Commonwealth, pay Costs of Prosecution & stand Committed untill sentence be performed that the said Ebenezer Boyinton pay a Fine of Four Pounds for the use of this Commonwealth, recognize as principal in the sum of £60 with Sufficient Surety or Sureties in the like sum for his keeping the peace & being of the good behaviour for the Term of one year, pay cost of prosecution & stand committed ’till Sentence be performed—that Abijah Bemiss pay a fine of £5 for the use of sd. Commonwealth, 271recognize in the sum of £50 with Sufficient Surety or Sureties in the like sum for his keeping the peace & being of the good behaviour for the Term of two years, pay cost of prosecution & stand comitted ’till Sentence be performed—that the sd. Reuben Stearns pay a fine of £6 for the use of the sd. Commwealth recognize in the sum of £50 with Sufficient Surety or Sureties in the like sum for his keeping the peace & being of the good behaviour for the term of two years, pay cost of prosecution & Stand committed ’till Sentence be performed—that the sd. Nathan Wheeler Pay a fine of £7. for the use of sd. Commwealth, recognize in the sum of £60 with Sufficient Surety or Sureties, in the like sum for his keeping the peace & being of the good behaviour for the term of two years, pay costs of prosecution & Stand committed ’till sentence be performed—that the sd. Asa Stearns pay a fine of £7 for the use of sd. Commonwealth, recognize in the sum of £50 with Sufficient Surety or Sureties in the like sum for his keeping the peace & being of the good behaviour for the term of three years, pay cost of prosecution & stand committed ’till Sentence be performed—that the sd. David Pierce pay a fine of £10 for the use of said Commwealth recognize in the sum of £60 with Sufficient Surety or Sureties in the like sum, for his keeping the peace & being of the good behaviour for the term of two years, pay cost of prosecution & stand committed ’till sentence be performed—that the sd. Jona. Wheeler pay a fine of £10 for the use of sd. Commwealth, recognize in £80 with Sufficient Surety or Sureties in the like sum for his keeping the peace & being of the good behavior for the term of three years, pay cost of prosecution & stand committed ’till sentence be performed—that the sd. James Snow pay a fine of £10 for the use of sd. Commwealth recognize in £80 with Sufficient Surety or Sureties in the like Sum for his keeping the peace & being of the good behaviour for the term of two years, pay costs of prosecution & stand committed ’till Sentence be performed—& that sd. Nathan Snow Suffer three months Imprisonment, Pay a fine of £10. for the use of sd. Commwealth recognize in £80 with Sufficient Surety or Sureties in the like sum for his keeping the peace & being of the good behaviour for the term of two years, pay costs of prosecution & stand committed ’till Sentence be performed. The sd. Ebenr. Boyinton as Prin Phinehas Newhall of Leicester of sd. County Gent. as his Surety recognize in Court agreeable to the Sentence against the sd. Ebenr.

The sd. Reuben Sterns as Prin. & sd. Phinehas Newhall as his Surety recognize in Court agreeable to the Sentence against the said Reuben

The sd. Asa Stearns as Prin & Daniel Witt yeoman & Ezekiel Bellows Gentlemn. both of Paxton in sd. County as his Surety recognize in court agreeble the sentence agt. sd. Asa.

The sd. Jona. Wheeler as prin & sd. Phineas Newhall as surety recognize agreeable to his sentence against him said Jona. Wheeler. N.B. to the remainder of the Paxton Rioters who recognized in Court in Folo. 12th after Douglass Rioters.

The remainder of Paxton Rioters who recognized in Court as follows viz. The sd. Abijah Bemiss Junior as Prin. & Abijah Bemiss of sd. Paxton yeoman as his Surety recognize in Court agreeable to Sentence against him the said Abijah Bemiss Junr. The sd. David Pearce as prin. & David Davis of Paxton in sd. County Tanner as his Surety recognize in Court agreeable to sentence ags. him sd. Pearce. James Snow as Prin. & Daniel Snow of sd. Paxton yeoman as his Surety recognize in Court agreeable to Sentence agt. him sd. James Snow. Nathan Wheeler as Prin. & John Davis of Worcester in sd. County Tanner as his Surety recognize in Court agreeable to Sentence agt. him sd. Nathan.

(Supreme Judicial Court Minute Books, Worcester County, Sept. 1783. Massachusetts Judicial Archives, Boston, Mass.)

Increase Sumner’s case notes call him “Mr. Solo: Pollard” (Increase Sumner Papers, 1746–1799, MHS).

Sumner’s notes give “Brady Livermore.”

Sumner’s notes spell out “Jesus, God damn him. . . .”