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Robert Treat Paine Papers, Volume 4

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Grand Jury notes

Trial notes

343
Indictment
RTP
November 1, 1785

Commonwealth of Massachusetts At the Court for the Tryal of Felonies and Piracies committed on the high Seas begun and holden at Salem within the county of Essex on the first Tuesday of November in the year of our Lord Seventeen hundred and Eighty five, in persuance of an act of this Commonwealth entitled “an Act for carrying into Execution an Ordinance of Congress for establishing Courts for the Tryal of Felonies and Piracies committed on the high seas.”

The Jurors for the Commonwealth of Massachusetts upon their Oath present that Richard Squires late resident at Norfolk in the County of Norfolk and Commonwealth of Virginia mariner John Mathews late resident at Norfolk aforesaid mariner George Steward late resident at Norfolk aforesaid mariner Alexander Evins late resident at Norfolk aforesaid mariner and John Boardman late resident at Portsmouth in the county of Norfolk and in the said Commonwealth of Virginia mariner, on the fifteenth day of August in the year of our Lord seventeen hundred and Eighty five upon the high Seas about the Latitude of thirty six degrees fifty minutes North Latitude and Sixty eight degrees of Longitude West from London in parts beyond sea within the Jurisdiction of the Court aforsaid, then being mariners aboard of and belonging to a certain schooner called the Amity, whereof one James Dunkenson then & there was master did betray the trust reposed in them as mariners of the same Schooner, and then and there upon the high Seas as aforsaid within the Jurisdiction of the court aforsaid with force and Arms did turn Pirates, and then and there on the high Seas aforsaid within the Jurisdiction aforsaid with force and arms in and upon the said James Dunkenson in the peace of GOD and of this Commonwealth and these vizt. on board of the said Schooner as master of the same as aforsaid being Piratically and feloniously did make an assault and him the said James Dunkenson in bodily Fear and danger of his Life on the high seas aforesaid within the Jurisdiction of the court aforsaid then & there piratically and feloniously did put, and the said Schooner Amity with all her Tackle Aparrel & Appurtenances and Stores and cargo on board of the Value of Two 344 Thousand Pounds from the Person and command as aforsaid and against the Will of the said James Dunkenson then and there vizt. on the high seas aforsaid within the Jurisdiction of the Court aforsaid, Piratically feloniously and violently did Rob Steal take and carry away against the peace of this Commonwealth of Massachusetts and Law of the Land in such cases made and provided: And the Jurors aforsaid upon their Oath aforsaid do further present that the said John Boardman well knowing the said Richard Squires John Mathews George Steward and Alexander Evins to have done and Committed the Felony and Piracy aforsaid in form aforsaid afterwards Vizt. on the nineteenth day of August in the year of our Lord seventeen hundred and Eighty five on the high Seas aforsaid within the Jurisdiction of the Court aforsaid with force and Arms piratically and feloniously the said Richard Squires, John Matthews George Steward and Alexander Evins did receive maintain Conceal aid assist and Comfort and then and there on the high Seas aforsaid within the Jurisdiction of the Court aforsaid feloniously and piratically did take into their Custody and Care of him the said John Boardman the said schooner her appurtenances and Cargo as aforsaid so piratically and feloniously Robbed Stolen taken and Carried away by the said Richard Squires John Matthews George Steward and Alexander Evins in form as aforsaid, against the Peace of the Commonwealth of Massachusetts aforsaid and the Law of the Land in such cases made and provided

R T Paine Atty per Repub. a true bill John Derby { Foreman

Novr. Term at Salem AD 1785 Richard Squires, John Matthews George Steward, Alexander Evins, and John Boardman, are arraigned at the Bar, and have this Indictment read to them they Severally Say that thereof they are not Guilty, and thereof for Tryal severally put themselves on GOD, and the country.

Jn. Tucker Cler

MS (Suffolk Files, no. 133470. Massachusetts Judicial Archives, Boston, Mass.); endorsed:

Indictment Richard Squires John Mathews George Steward Alexr. Evins & John Boardman for Piracy

R. Squires pleads not Guilty

345

R. Squires pleads not Guilty

J.

R. Squires not Guilty of the Piracy but Guilty of the Felony and Robbery charged in the Indictmt.

Jno. Matthews not Guilty of the Piracy but Guilty of the Felony & Robbery charged in the Indictmt.

George Steward found not Guilty.

Alexr. Evins found not Guilty

Jno. Boardman found not Guilty.