In two indictments on October 2, 1781, James Hewett was charged with speaking against the cause of the United States and against the Continental Army. He had allegedly made the statements on September 15 and September 25 of the same year. Hewett put in a not guilty plea, but the case did not go to trial as it was determined that Hewett was a British soldier taken prisoner at Saratoga, and he was delivered to Boston as a prisoner of war.