Robert Treat Paine Papers, Volume 2
I have considered your Case1 since I saw you last & am clearly of the mind that by Law you ought not to be hindered giving Any Evidence relating to the assault notwithstanding the Verdict on the Indictment agt. you,
especially in Mr. John Usher's Case agt. you at Newport where they will undoubtedly play the same card agt. you endeavour to hinder you as they did in the last Case. But as I suppose it Mr. John Usher's Evendence was used in Support of the Indictment agt. you & I suppose was wt. the Jury principally grounded their Verdict upon. It appears to me intirely clear that you cant by the Rules of Law you cant be hindred from encountering that Verdict & if that Jury grounded their Verdict upon Mr. John Usher's Evidence he can't so much as give it in Evidence in the Case so that I advise you to file yr. Reasons of Appeals at Newport & Bristol according to the Law & enquire of the Jury wt. weight they gave to John Ushers Evidence on the Indictment. Mean while if you can get a New Trial of the Indictment it may be worth yr. while229as it will help you out with yr. other Cases & will also clear you from the aspersion of that Judgement. If any one says that you have no Right to a New Trial in a Criminal Matter, they are mistaken, for the Party Convicted, by Law has the Same Right to a new Trial as in a civil matter & for the same Reasons, Vizt. surprize in The Trial, want of Evidence, a Verdict agt. Evidence or any mismanagement whatsoever, & the Deposition you have of the Jurys dissatisfaction in their Verdict will greatly help you to obtain a new Trial if yr. assembly will consider the matter. Upon the whole it appears to me from what I have seen of yr. Case that you have suffered contrary to Law, & that you ought without any Bodys prejudice in yr. favour to recover in all of 'em. If you propose to have my assistance in the matter I beg of you to let me have timely notice of all yr. proceedings that so no more advantages may be lost agt. a Crafty powerfull Antagonist & you may depend I Shall neglect nothing that will help you in the matter. My Compliments to yr. Lady & wishing you success in this troublesome affair & that you may finally prevail against Ecclesiastical or Political Tyranny I Subscribe yr. hble. Servt.
Simeon Potter (1720–1806), a native of Bristol, R.I., who went to sea early and amassed a large fortune chiefly from privateering. He held local and state offices and became well known for his part in the expedition that burned the Gaspée on June 10, 1772. The Gaspée, a British armed schooner stationed in Narragansett Bay to prevent smuggling had run aground while chasing a packet sloop. Potter was hot-tempered and often engaged in law suits. According to Clifford K. Shipton, the Rev. John Usher, pastor of St. Michael's Episcopal Church in Bristol, "undertook to rebuke the mistress of Simeon Potter, one of his leading parishioners, for living in adultery. Potter, a privateersman accustomed to violent action, knocked the parson into the street and would have beaten him further if John Usher, Jr., had not interfered. The mariner was fined 500/ but escaped payment by taking steps to carry an appeal to the Privy Council." (Sibley's Harvard Graduates, 6:344–349; Munro, History of Bristol, R. I., 175–185).
I recd. yours of the 31st: & as I am quite in earnest about serving you if possible I shall make some enquiry on yr. Case as you represent it in yr. Letter in Order to get as much insight into it as may be. What the Contents of the Letters that passed between Wormley & his Wife are you have not mentioned (and how you came by 'em is a230Matter of great Curiosity wth. me tho' of no immediate importance in this affair). It is possible they may afford some circumstantial Evidence tho no sufficent proof of a former marriage because as it were, it would be an easy matter for those who are desirous to Untye the dreadful Knot to pass such Letters in
a Sham manner & at once destroy all the Labour of the Preist. Not I should be glad to know the date of those Letters & as much of contents as you think proper to communicate. What is necessary to be proved is that the same John Wormley who married you Was before that time married under contract of marriage to another Woman & that she was living when he married you. Now you say they were married under Borrowed Names, this will make it more difficult to prove it was the same Person. I wish yr. Brother Hezekiah had been more perticular in his enquiry & Remembrance as it would serve as a guide to get Evidence of the facts. There can be no difficulty as to the Law in yr. Case but only the Labour of proving the facts—in Order to prepare the Way for which, I will propose a No. of Questions for you to collect all you can in Answer to 'em: 1st. What Business was JW bred to & what did he follow wn. you married him & wt. does he follow now 2d. Where was he born & where has he Spent the cheif of his life has he Brothers or Sisters & is there any other of his name or any partial discription of 3d. What was his Father's Christian Name & where did he live & wt. Business; 4th. how long ago was he married to his first Wife & under wt. borrowed Names & the minister & Town name if they can be recollected 5th. wt. is Mr. Hodge Christian Name & business & what Mary Peeks Fathers Christian name & business & doth she go by the name of Wormley 6th. when he wrote his Letter to you from Jamaico did he then or does he at all know that you knew of his former marriage, & is there any thing in that Letter wch. makes against him relating to it, 7th. the Contents of the Letters that passed between 'em as above. The knowledge these matters will serve to prove him to be the same person & sho help lead to the proof of his former Marriage, & as the distance is so great where the Evidence must be obtained tis best to collect as much as we can here first that so no labour may be lost. I am sensible twould be best to talk this matter together, but I have so many
affairs in hand that I can't suddenly spare the Time, & having reduced the Questions to writing you'll have time to recollect; & if you have no Oppor
Hannah Rachel Wormley at Eastham."