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Robert Treat Paine Papers, Volume 3

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Trial notes
RTP
Supr. Court Exeter Novr. 11, 1777

State vs. Stephen Holland

Mete Lewis I lived in Deft. family 4 yrs. & 4 m. I saw R: Lewis at Col. Holland, abt. the time the schol coming from Dartmo. College,3 Esqr. Whiting there he staid there & kept his chamber, I warm’d the water & Mrs. Holland carried it up stairs; I saw it afterwards under the Bed & some papers in it I saw some pastboard under the bed. Some slips of paper in the Hearth wth. flowers; I saw a long knife box with long bills in it I took out one & look’t at it

the negro carried up wood to head of stairs & Coll. Holland took it off him

I went to carry up Tea things & she took it of me

he put something under ashes. I took it out & look’d at it there was flowers on it

afterwds. the door was lock’d

Mrs. Holland sd. she wish’d Fowle wd. get well & go away

I follow’d Peggy up stairs & heard her lock the Door:

David Anderson I had proposed my farm for sale, & agreed with Col Holland & went to his house, he told me the money. 48£, I askd wt. shall I do if there be counterfeit money he sd. he did not know if there was or was not afterwards I found 15 40/ NH bills, I shewed them to Col. Gilman with others.

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the Deed was given to Col. Fowle

Coll. Holland sd. he had not counted the money

I return’d the money to Col. Holl. he told me Mrs. Holland would change it, & Col. More changed it

Col. Nich. Gilman. Mr. Dav. Anderson shewed me a No. of bills & they were bad, he sd. he recd. them of Col Holland for Land; they appear’d to be new

John Coffran same as wrote before

Wm. Greenleaf nothing

Joseph Stacey I was prison keeper & have lost the mittimus

Mr. Pickering, there can be no Cheat or fraud unless to the Injury of Somebody, a Deed forged & put in Desk, no crime; the Law agt. forgery or counterfeiting do say so

4 Black 235 of forgery

as this was a new species of crime not known by Cmn. Law it was necessary to make a Law against it wch. proves it was no crime before, as many Crimes at Cmn. Law are made so by statute.

counterfeiting a counterfeit Bill is making it good

the Girl could not see the flowers, for it they were cutt off it wd. spoil the bill

the story of the Evidence

the Girl was not fortunate enô to see the types

She may be a Girl of Truth now

there have been some who have injured Characture

is there any harm in having the wood carried up

why should Col. Hol. borrow money when he cd. make so much

what is the character of the Witnesses agst. Hitte his breaking Goal; the story of lodging

Joseph Morrison this fall 2 yrs. ago I heard Hitte say God Dam’em I’ll be— of them, her character not very good

Hugh Dunshe jr. I lived at Col Holland 4 summers & winters: Hitta character not good, she sd. she should go to Hell & insisted she was there now. I heard her say she was making money. I did not mind it. I saw no signs of it, the negro carried the wood up & put it at the head of the stairs

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James Humphrey Hitte was not allowed to be a Girl of truth; she had not much acquaintance of the family

Abraham Morrison Hitte’s Character is not of truth. I was frequently there, she was offended & went away before her time was out, & sd. G dam the family

John Morrison. I went to live with Col Fowle April. 76. Col. Fowle sent by me to Col. Holland to take money to buy Land & he gave him money to buy Land of Mr. Coffran at any price: Col More gave the 15 40/ bills to Col. Fowle. after Holland in Goal he wrote to Col. Fowle abt. the bills

James McGregore I have taken a game of whist in the back chambers

Capt Moses Barnet Mr. Anderson swore the 15/ bills upon Col. Holland before me

Wm. Vans. I was present when Col Holland paid Anderson for the place, & I am going to pay you I don’t know what, I never opend the bundles, Anderson if any of the money is not good will you make it good Holland said Col. Fowle will

for State

Col. Clap Hitte has lived in the family with me 14 m, & I never heard of any bad . . . I shd. believe her as soon as any girl of her standing, a dispute abt. her truth

Robert Smith I never heard any thing bad of her

Zaccheus Fowle they.... divided

MS .

1.

RTP recorded in his diary that after a few days in Salem and Haverhill, Mass., he rode to Exeter, N.H., on Nov. 10. The Superior Court sat there the following day, and on Nov. 14, he wrote: “I conducted the tryal in Col Stephen Holland for Counterfeiting NHampshire bills, Court sat in meeting house: till 11 oClock PM.” The court adjourned the next day, and RTP rode to Dover, N.H., on Nov. 18. On Nov. 19, the court sat there, and RTP recorded that he “began tryal of James Richardson for uttering false money in Quaker meeting house,” a trial that concluded the next day.

Stephen Holland (c. 1733–post 1797) was a native of northern Ireland who emigrated to America, where he served in the Seven Years War. After he sold his commission in 1762, Holland settled in Londonderry, N.H. There he became a justice of the peace of the quorum, clerk of the Court of Common Pleas, and clerk of the peace for Hillsborough County, as well as serving as one of the town’s selectmen and its representative in the state legislative between 1771 and 1775. Despite these honors, Holland was also known for his tory leanings and was arrested by the Commmittee of Safety in March and again in May 1777 “on suspicion of ... being Enemical to the Liberties of America and corresponding with or conveying Intelligence to the Enemy.” On the second occasion Holland broke out of Exeter jail and was at large until June 5 when he was captured in Boston and returned to New Hampshire. When this counterfeiting case occurred, Holland was confined to Exeter jail and was still there in February 1778, when he was convicted of high treason. However, on the night of Feb. 28, Colonel Holland escaped and eventually made his way to Rhode Island. In 1782 he sailed for England, where he was pensioned. Later, Colonel Holland returned to his native northern Ireland (Kenneth Scott, “Colonel Stephen Holland of Londonderry,” Historical New Hampshire [March 1947], 15–27).

Background on the counterfeiting problem through 1773 is given in Kenneth Scott, “Counterfeiting in Colonial New Hampshire,” Historical New Hampshire 13 (1957):3–38.

“The said Stephen Holland being arraigned at the Bar pleaded not guilty whereupon the Attorney general & Council for the Respondent being fully heard on the Evidence the Case was committted to the Jury duly sworn to try the same who withdraw & return into Court and say upon their Oaths the Stephen Holland the Respondent is guilty of the offences charged upon him by the three first Counts laid in the Indictment and not guilty of the offence charged on him by the last.

“It is therefore considered that the said Stephen Holland is guilty of the offences charged upon him by the three first Counts laid in the Indictment and that he be remanded to the Goal in Exeter there to remain for the Term of three Months from this 28th. day of November 1777. That he pay a fine of two thousand pounds for the use of the Government & People of the State & Costs of presecution taxed at the Sum of standing committed till Sentence be performed.”

(Superiour Court of Judicature, Rockingham County. Docket Book, 1774–1781. New Hampshire State Archives, Concord, N.H.).

2.

Robert Luist Fowle (1743–1802) was a nephew, apprentice, and sometime partner of the printer Daniel Fowle, although Isaiah Thomas dismissed Robert as neither “a skillful nor a correct printer” (Thomas, The History of Printing in America [2nd ed. 1874; New York, 1970], 332–334). After this counterfeiting charge, Fowle fled behind the British lines to New York. Although he later returned to Exeter, N.H., he was never active as a printer again (Eugene Chalmers Fowle, Descendants of George Fowle [Boston, 1990], 68).

3.

Richard Holland, a member of the Dartmouth Class of 1778, left college in 1777 (Dartmouth College and Associated Schools: General Catalogue, 1769–1940 [Hanover, N.H., 1940], 72).

The content of all or some notes that appeared on this page in the printed volume has been rearranged

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