August 26, 1777 1

Suffolk Ss. At the Superiour Court of Judicature, Court of Assize and General Goal Delivery began & holden at Boston within & for said County of Suffolk on the last Tuesday of August Anno Domini Seventeen hundred & seventy seven

The Jurors for the Goverment and People of the Massachusetts Bay in New England upon their Oaths present that Ann Bailey of Boston in the County of Suffolk Spinster fraudulently intending to cheat & injure the Inhabitants of this State and of the United States of America did on the third day of March last past; at Boston aforsaid dress herself in men’s apparell to all parts of her Body putting on the outward appearance of a young man & then & there falsly and deceitfully presented herself to Abraham Hunt Esq then and ever since a Captain in the Regiment of the United States of America whereof John Patterson Esqr was Colonel and pretended that she was a young man and that her name was Samuel Gay & then & there deceitfully offered to enlist herself into the Service of the 385United States of America in the company of the said Captain Hunt as a young man & into the Station of a private Soldier. And that the said Ann Baily then & there fraudulently & falsely in Consideration of being paid the Bounty given by this State to Soldiers enlisting into the service of the United States of America & also of the Bounty to be paid by sd. United States to Soldiers so enlisting enlisted herself as a young man by the name of Samuel Gay into the service of the United States aforsaid And the said Abraham Hunt giving credit to the pretentions aforsaid of the said Ann Baily & being deceived by her fraudulent dress appearance & behaviour aforesaid and giving reasonable credit thereto that she was a young man and suitable for a soldier in said service, then & there received & accepted her enlistment into his Company in the service aforsaid by the name of Samuel Gay & then & there paid the said Ann Bailey for & in consideration of her so enlisting as aforsaid the Sum of fifteen pounds ten Shillings and so the Jurors aforsaid upon their Oaths aforesaid do say that the said Ann Bailey in manner & form aforsaid did fraudulently & deceitfully deceive the Government & People of the Massachusetts Bay aforsaid of the sum of fifteen pounds ten shillings to the Damage of the said Goverment & People, to the Evil Example of all others in the like case offending & against the Peace and Dignity of said Goverment & People2

a true bill { Foreman R T Paine pr. Stat Masss Witnesses Amy Lawrence Olive Cook Anna Wyman

Dft. (Miscellaneous Bound, MHS).

1.

This is one of the first actions RTP undertook in his new office, although the previous document indicates that he had already been acting in that capacity. In his diary for Aug. 26 he noted: “I accepted the Appointment of me to the office as Attorney General. Supr. Court.”

2.

“The Jurors for the Government & People of this State upon their oath present that Ann Bailey of Boston in the County of Suffolk Spinster fraudulently intending to cheat and injure the Inhabitants of this state, and of the united States of America did on the third day of March last past at Boston aforesaid dress herself in mans apparrell to all parts of her body putting on the outward appearance of a young man, the said Ann Bailey then and always being a female and not a male and then & there falsely & deceitfully presented herself to Abraham Hunt Esqr. then & ever since Captn. 386in the Regiment of the united States of America whereof John Patterson Esqr. was Colonel, and pretended that she was a young man and as such inlisted into the said company, and received the County &ca. as in the Indictment is at large set forth.

“Whereupon the said Ann Bailey is brought by the Sherif of the said County in whose Custody she was and set to the Bar, and having had the hearing of the Indictment she saith that thereof she is guilty and thereupon It is Considered and ordered by the Court that the said Ann Bailey suffer two months imprisonment and that she pay the Sum of sixteen pounds as a fine to this State and that she pay costs of prosecution, standing committed until this Sentence be performed” (Minutebook, Superior Court of Judicature [Suffolk County]. Judicial Archives, Massachusetts Archives).

Honbl. Sir, Providence Augst. 24, 1777

The Bearer is Benjamin Cuzens, a Poor but Honest Man, of this Town, who had two hhd. of Melasss. pasing from Bedford to this Town, was siezed by your the Committe of Attlebury, and has ben Unjustly held from him for About two months past and he being Informd it was to be reported at your Taunton Court this day and a Stranger at Taunton Apply’d to me for Direction in the Matter. As I am knowing to your Principles of Justice and Zeal to Oppose every appearance of Arbitrary & Unjust Measure. Have recomended him to you for Assissance as an Attorney to see him righted. I am Sertainly know’g to sum of the Attlebury Committe having a Wicked design of Depriving people of there Just property under pretents of having Law of there side, and at the same Time Igorant of there own State Laws, willing to take all advantages of Others. I was Consern’d in Three Vessels to Phia: for Flour 2 out of 3, was taken. In the Other I had a parcel of Flour though the graitest Chance amaginable of being taken & Escapeing Landed my flour at Nantucket from whence part of it was brot to Bedford & in Casting through to this State had 20 bbls. Seiz’d in Attlebury Abot. two months Ago, wch. suppose is now sour & spoilt. I once made personal application to the for Chearman, and wrote twice besides to the Committe, but have not ben Able as yet to get it from them. There pretents now is, that I did not make oath within 30 Days According to Your Laws, and they Acknowledge they had no knowledge of your States Act for Allowing any of the Other States people to bring any Goods though your State and never till within a few days Requird any Oath about it. However to prevent there holding my Goods so very unjustly have made Oath to the 387property of the flour but they still demand of me to pay there Cost. I could wish Any way Could be formd that I Could make them pay for there unjust Intention. My flour I sold, or permitted the Carters Sell & supply the people all along the Rode. If I should be put to the Disagreeable necessety of haveing to do with sd. Committee in a Law way, I Desire your Assistance, for wch. shall be Willing to make amply Satisfy you or if any way to punish them should be glad to do it. Though I Thing our wont of Emnity abroad for bid all Diputes amongst. our selves in the Country. I am Hond. Sr. Your most Esteamd. Humle. Servt.

Nicho: Brown

RC ; addressed: “To The Honbl. Robert Tret Pain Esq. at Taunton favr. by Benjamin Cuzens”; endorsed.