Robert Treat Paine Papers, Volume 4
versusJohn Brainard on the charge of rape
Chloe Slocum accused John Brainard of assaulting and raping her at her Franklin home in June 1778. Her sister, Molly Slocum, testified as a witness at the trial in the November 1779 session of the Superiour Court of Judicature in Suffolk County. Brainard was found not guilty.
Coram G. Jury
complaint of Cloe Slocum1 vs. John Brainerd2 of Roxbury
Cloe Slocumof Franklin. 21st June. he threw me on the floor & forced me
Joshua LeggI was 1/2 mile off
Molly SlocumSister to Cloe he tried to force me.
Eunice Smith
Chloe Slocum (1758–1849) was the daughter of John Slocum, a weaver of the Wrentham, Mass., district which became Franklin, and his wife Experience Healy. She later married Benjamin Mann, settled in Mendon, Mass., and had seven children. Her sister Mary “Molly” (c. 1762–1829?) married William Hall, moved to New York State, and had ten children (Charles Elihu Slocum, A Short History of the Slocums, Slocumbs and Slocombs of America [Syracuse, N.Y., 1882], 502, 507, 509).
The later whereabouts of John Brainard has not been discovered. He was perhaps an itinerant member of the large Brainerd family of Connecticut (see David D. Field, The Genealogy of the Brainerd Family in the United States [New York, 1857]).
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 & seventy nine
The Jurors for the Government and People of the Massachusetts Bay in New England upon their Oaths present that John Brainard resident at Roxbury in the same County Labourer, not having the Fear of GOD before his Eyes, but being moved and seduced by the Instigation of the Devil, on the twenty first day of June last past with force and Arms at Franklin in the County of Suffolk aforsaid, in and upon one Chloe Slocum spinster in the peace of GOD & the government & people aforsaid then & there being, violently and feloniously did make an assault and her the said Cloe Slocum against the Will of her the said Cloe, then and there feloniously did ravish and carnally know, in evil Example to others to offend in like Case, and against the peace and dignity of the Government and People aforsaid.
Suffolk Ss. Augt. Term 1779 John Brainerd is set to the Bar & arraigned upon this Indictment and being demanded how he will acquit himself 99 thereof, he saith that thereof he is not guilty, and thereof for trial puts himself upon God & the Country
Andrew Henshaw (1752–1782) graduated from Harvard in 1768 and was appointed as one of the two clerks of the Superiour Court in 1778. When the new constitution of Massachusetts came into effect, Henshaw became first clerk of the House of Representatives and clerk of the new Supreme Judicial Court (Sibley’s Harvard Graduates, 17:34–36).
State vs. John Brainard
for Rape on Chloe Slocum
Cloe Slocumthe Pris. came to our house, set down, sd. he wondered how the Devil he came there, as it was a big place, had never been to our house before, went to my Sister & asked her if he had any
then pull’d me backwardpick’d up cloaths & faced me I cry’d murder as loud as I could. he sd. Father was gone to training he sd. he’d kill me, tryd to stop my mouth, told me, not to tell. he sd. I should have some thing gave me Ribbond & bill he sd. he intended to change my dress. Mr. Legg & Sister came in I threw the Ribbon at Pris’ner he took ’em & put in pocket Mr. Legg was going I ask’d him to stay he did not. I then told Eunice Smith & others of the affair. Mr. Legg persued him he ran, he entered my body & I percieved something come from him. I try’d to go with my Sister but he held me; something came from me after he had forced me.
Molly SlocumPrisner came in, ask’d me for hair, sd. it was a big place, sd. you shall go onto the bed, I had as lief lay before yr. father or not. he attempted to pull up cloaths, said Sister shall keep watch or damn her I’ll kill her. I got away from him went to wet Cloath. he shoved me agt. the house: unbuttond his breeches & uncovered himself hawled up my cloaths, as high as my knees, I struggled & he let me go, & I went to call help, saw a boy after Mr. Legg & I came home with him I told Mr. Legg how he behaved to me my sister look’d as if she had been crying hair tumbled, cloaths rumpled, my Sister asked Mr. Legg to stay back he sd. he’d stop back presently. She told Eunice Smith that Pris. had forced her
Joshua Legg. Eunice Smith came to me & sd. I must go to John Slocum’s for there was a man there that threatned to kill ’em. Molly Slocum met me told me she thought the man wanted to force ’em, She stop’t at the corner of house, he sat near there down with bundle on knee. Cloe sat spinning. I sat down Cloe went out to her Sister; I spoke to the man: Girls came in I sd. now is the time to say if he has abusd you. Pris sd. you may call in Girls. Molly sd. you threw me on bed &c &c. Cloe went & watched &c. Cloe sd. she did not hear him: Pris. sd. he wd. go to Connecticut Cloe
he was runningwn. I saw him. Cloe looked as if she had been worried
Eunice SmithMoses Adam’s Wife told me. I told Mr. Legg. he went before me. I got to the house. Cloe sd. the man forced her, that she scream’d murder, & that the man was gone. I hollourd to Mr. Legg to stop him. I then saw the man walking & he set out & run. She cryed wn. she told me of it. Cloe appeard worried, & her hair tumbled.
This case was heard before the court consisting of Chief Justice William Cushing and associate justices Jedediah Foster, Nathaniel Peaslee Sargeant, David Sewall, and James Sullivan. The judgement read:
And now here cometh the sd. John Brainard & in his own proper person under the Custody of the Sheriff of the County of Suffolk, and is arrainged upon this Indictment, and being demanded how he will acquit himself thereof, he saith that thereof he is not guilty & thereof for trial puts himself upon God & the Country, and the Prisoner desiring Counsel, Theophilus Bradbury & John Pickering Esqrs. are assigned by the Court for sd. Purpose—And now a Jury is impannelled & sworn to try the Issue viz. Mungo Mackay foreman & fellows namely, Ebenr. Howard, John Hooton, John Tileston, Thos. Williams, Samuel Whiting, Edwd. Sohier, Saml. Eliot, Eleazer Fisher, John Ward, James Clark & Enos Armsby, who having heard the Evidence & the Cause fully argued by Counsel, returned the following Verdict and upon their Oaths do say that the said John Brainard is not guilty whereupon the Counsel for the Prisoner moves that he be discharged. It is therefore considerd by the Court that the said John Brainard go without Day. ( (Superiour Court of Judicature Minute Books, Suffolk County, Nov. 1779. Massachusetts Judicial Archives, Boston, Mass.).
Theophilus Bradbury (1739–1803) graduated from Harvard (A.B., 1757) and practiced law in Falmouth, Maine, until that town was burned by the British in 1775, at which time he moved to Newburyport. There he continued to practice law. He was also a justice of the peace, was active in the militia, and served in the state senate, as an Overseer of Harvard College, and as a member of the American Academy of Arts and Sciences. He represented Massachusetts in the federal House of Representatives from 1795 until 1797, when he resigned to accept appointment as one of RTP’s associates on the Massachusetts Supreme Judicial Court (Sibley’s Harvard Graduates, 14:143–146).