Robert Treat Paine Papers, Volume 4

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Trial notes

Grand Jury notes

Commonwealth1 vs.	Nero Fanueil2	plead not Guilty
	William Scot	plead not Guilty
	Thos. Archebald	plead not Guilty

James Lovell Esqr. Eving. of 22 Novr. I took an acct. of the contents of an Iron Chest, night of 23 house broke open, the Chest in the Room & the 325 Window barr’d. next morning abt. 7 oClock Archebald told me he had lodged in a barn that night John M. Lovell. John Ingersol, brought Goodbread & Archiebald to our house. Nero carried me to the place where the money was & confessed he took it Scot found fault that he was not called out instead of the Negro—Nero says they burn’t the papers before day John Vicker Wednesday morning 24th. of Novr. 2 men knocked wanted liquor, Archebald & Scot. laid down sd. they wanted to buy 3d. Archiebald McNeal, the night of the Burglary abt. 2 oClock heard a strange noise like stroks of a Maul. I saw a man walk from the house & back; I saw Sparks of fire afterwds. I saw Archiebald at Mr. Lovell & took him to be the man Bartholomew Broaders 3 I found a bag of ½ Crowns in Archebald feet, he sd. he brought ’em from Phila. on telling him he had said he had no money wn. he came to Town he then said he borrowed ’em Mm. Mr. Homans B. 6/1.16/.20/

MS .

RTP noted in his diary on Mar. 3, 1785: “Tryal of Scot & Archabald for Burglary on Mr. Lovell & convicted, Trial ended ½ past 1 next morning.” William Cushing presided as chief justice at this session of the Supreme Judicial Court with Nathaniel Peaslee Sargeant, David Sewall, and Increase Sumner sitting as associate justices. John Gardner and William Tudor were appointed as counsel for the prisoners.

In the Massachusetts Spy of Dec. 2, 1784, “It is reported that two persons are taken up in Boston, and committed to gaol, on suspicion of breaking open the house of the Hon. James Lovell, Esq; Continental Treasurer, in this State, and robbing him of 25,000 dollars in Loan-Office certificates, &c. as mentioned in a late paper.”

Nero Faneuil, originally indicted with Scott and Archibald, turned state’s evidence and was not tried on this charge. However, at the same session (Feb. term 1785) Faneuil pleaded guilty to breaking open the shop of John Fullerton and stealing sundry items. The court sentenced Faneuil to be branded with the letter “B” on the forehead and to pay Fullerton £84 as treble damages with goods restored. When Faneuil declared himself unable to pay the damages, the court ordered that Fullerton could dispose of him in service for seven years (Supreme Judicial Court Minute Books, Suffolk County, Feb. 1785. Massachusetts Judicial Archives, Boston, Mass.).

Bartholomew Broaders, merchant, served as a Boston constable, 1783–1784 (Report of the Record Commissioners of the City of Boston, 26[1895]:309, 31[1903]:4).