Robert Treat Paine Papers, Volume 4
Suffolk Ss. At the Supreme Judicial Court begun and holden at Boston within and for the county of Suffolk on the third Wednesday of December in the year of our Lord Seventeen hundred and eighty three by virtue of a Precept from the Governor of this Commonwealth by and with the Advice of the Council of the Same directed to the Justices of the same Court in persuance of a Law of this Commonwealth instituted “an act for holding a Superiour Court of Judicature Court of Assize and General Goal &c being at other times than those already appointed by Law.”
The Jurors for the Commonwealth upon their Oath present that Casumo Garcelli resident in Boston aforsaid Mariner, and Bartholomew Martel resident in said Boston mariner, not having the fear of GOD before their Eyes, on the sixth day of November in the Year of our Lord Seventeen hundred and Eighty three at Boston in the County of Suffolk aforsaid with force and Arms in and upon John Johnson in the peace of GOD and of this Commonwealth then and there being feloniously, wilfully and of their Malice aforethought did make an Assault, and that the said Casumo Garcelli with a certain Knife of the value of six pence which he the said Casumo Garcelli in his right hand than and there had and held the said John Johnson in and upon the left side between the Ribs of him the said John Johnson then and there feloniously wilfully and of his malice aforethought did strike and thrust giving to the said John Johnson then and there with the Knife aforsaid in and upon the left side between the Ribbs of him the said John Johnson one mortal wound of the bredth of one Inch and Depth of Six Inches of which said Mortal wound the said John Johnson from the said Sixth day of November in the year aforsaid until the eighth day of the Same month of November aforsaid in the year aforsaid at Boston in the County aforsaid did languish and languishing did live on which said eighth day of November in the year aforsaid at Boston in the County of Suffolk aforsaid the said John Johnson of the said mortal wound died: And that the said Bartholomew Martel then and there vizt. on the said Sixth day of November in the year aforsaid feloniously wilfully and of his malice beforethought was present aiding helping abetting com278forting assisting and maintaining the said Casumo Garcelli the felony and Murder aforsaid in manner and form aforsaid to do and Committ And so the Jurors aforsaid upon their Oath aforsaid do say that the said Casumo Garcelli and Bartholomew Martel then and there the said John Johnson in manner and form aforsaid feloniously wilfully and of their malice aforethought did kill and Murder, against the Peace and Dignity of the Commonwealth aforsaid:
Garcelli says not Guilty
Martel says not Guilty
The Court assign Mr. Sullivan
to assist Garcelli,
& Mr. Tudor to assist Martel
Suffolk Ss. Supreme Judicial Court at Boston Decr. 17th. 1783 Specially held for the Trial of certain Felonies—The said Casumo Garcelli & Barthlomew Martel are set to the Bar & have this Indictment read to them, they Severally say that thereof they are not Guilty & thereof Trial put &c.