Robert Treat Paine Papers, Volume 4
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 & Eighty
The Jurors for the Government & People of the Massachusetts Bay in New England upon their oath present, that Duncan McGreger resident at Boston aforsaid Labourer Timothy Lynch resident at Boston aforsaid Labourer Michael Hogan resident at Boston aforsaid Labourer Patrick Ryan resident at Boston aforsaid Labourer
Thomas Man resident at Boston aforsaid Labourer Robert Watt resident at Boston aforsaid Labourer Morris Pressingham resident at Boston aforsaid Labourer Keneth McPherson resident at Boston aforsaid Labourer Michael Hayes resident at Boston aforsaid Labourer Edward Hayley resident at Boston aforsaid John Rotch resident at Boston aforsaid Labourer Emanuel Joseph resident at Boston aforsaid not having the fear of GOD before their Eyes on the tenth day of August in the year of our Lord Seventeen hundred and Eighty with force and Arms at Boston aforsaid in the County of Suffolk aforsaid in and upon one Thomas Bickford in the peace of GOD and of the Government and People aforsaid then and there being feloniously wilfully and of their malice aforethought, did make an Assault, and that the said Timothy Lynch a certain Muskett of the value of forty shillings then and there charged with Gunpowder and one leaden bullet, which Musket the said Timothy Lynch in his with both his hands then & there had & held to against and upon the said Thomas Bickford, then and there feloniously wilfully and of his malice aforethought did shoot and discharge: and that 128 the said Timothy Lynch with the leaden bullet aforsaid, out of the muskett aforsaid then and there by force of the Gunpowder shot & sent forth as aforsaid the aforsaid Thomas Bickford in and upon the neck of him the said Thomas Bickford, just below the Vertebra of him the said Thomas Bickford, then and there with the leaden bullet aforsaid out of the Muskett aforsaid by the said Timothy Lynch so as aforsaid shot discharged & sent forth, feloniously wilfully & of his malice aforthought did strike & penetrate & wound giving to the said Thomas Bickford, then and there with the leaden bullet aforsaid, so as aforsaid shot, discharged and sent forth out of the Muskett aforsaid by the said Timothy Lynch in and upon the neck of him the said Thomas Bickford just below the Vertebra of him the said Thomas Bickford one mortal wound of the depth of four Inches and of the length Bredth of half an Inch, of which said mortal wound the aforsaid Thomas Bickford then and there instantly died; and that the aforsaid Duncan MacGregor Michael Hogan Thomas Man, Robert Watt Morris Pressingham Keneth McPherson Michael Hayes John Rotch, then & there feloniously wilfully and of their malice aforethought were present aiding abetting comforting assisting comforting mantaing the said Timothy Lynch the felony & murder aforsaid in manner & form aforsaid to do & commit and so the Jurors aforsaid aforsaid upon their oaths aforsaid do say that the said Duncn McGregor Timothy Lynch Michael Hogan, Thomas Man Robert Watt Morris Pressingham Keneth McPherson Michael Hayes John Rotch the said Thomas Bickford then & there in manner and form aforsaid, feloniously wilfully and of their malice aforethought did kill and murder against the peace of the Government and people aforsaid and the Dignity of the Same
Suffolk Ss. Augt. Term 1780 Duncan McGregor Timothy Lynch, Michael Hogan, Thomas Man, Robert Watt, Morris Pressingham, Kenneth McPherson Michael Hayes & John Rotch are set to the Bar and being severally demanded how they will acquit themselves thereof they severally say that thereof they are not guilty, & thereof for trial severally put themselves upon God & the Country.
Indictmt. for Murder
vs. McGregor et al
Prisoners of War
The Jury say that
Duncan McGregor is not guilty
Timothy Lynch is not guilty
Michael Hogan is not guilty
Thomas Man is not guilty
Robert Watt is not guilty
Morris Pressingham is not guilty
Kenneth McPherson is not guilty
Michael Hayes is not guilty
John Roth is not guilty
Oliver Peabody (1753–1831) was a 1773 Harvard graduate who later returned to his native New Hampshire, where he became a state senator and later an associate justice of the Court of Common Pleas (1813–1816) (Selim Hobart Peabody, Peabody Genealogy, ed. Charles Henry Pope [Boston, 1909], 68).
At a Superior Court of Judicature Court of assize &c held at Boston within & for the County of Suffolk on the last tuesday of August 1780.
upon the Indictment
against Duncan McGregor, Timothy Lynch, Michael Hogan Thomas Man, Robert Watt, Morris Pressingham Kenneth McPherson, Michael Hayes, John Rotch,
and the said Duncan McGregor Timothy Lynch Moris Pressingham Michael Hogan Michael Hayse Robert Watt Thomas Man Kennet McPherson & Jno. Roch in their own proper persons come & having heard the Indictment aforsd. read, & severally protesting that they are not guilty of the premisses charged in the said Indictment, for plea nevertheless, severally say that they ought not to be compelled to answer to sd. Indictment: because 130 they say that all Homicides & other offences committed by the Subjects of one State at War with another against the Goverment & People of another State while an open War is subsisting between them, ever have been & of right ever ought to be enquired of heard & determined by the Courts Martial in the Country or place where such Homicide or offences may be committed, agreeable to the laws of Nations & the laws of War, & not by the Courts or Justices appointed in any Country or place to enquire of an determine upon Homicides & other offences committed within such Country or place agreeable to the municipal laws, Customs & statutes of the same.
and afsd.. Duncan McGregor Timothy Lynch, Morris Prestingham, Michael Hogan, Michael Hayse, Robert Watt, Thos. Man, Kennet McPherson & Jno. Roche
and each of them severally further say, that they were born within the kingdom of Great Britain & from the day of their birth to the present time have always owed a faithful allegeance to the British King, which they nor either of them have ever violated, & they & each of them further say that on the first day of August last past on the high Seas they were by force of arms taken, by some of the Subjects of the United States of America, fighting under the said King of Great Britain in open War with the united States of America, and they & each of them further say that at the time when afsd. offence in afsd. Indictment contained is therein supposed to be committed & long before that time & ever since they & each of them have been by force of arms imprisoned & detained & in all respects treated as Prisoners of War
and this they & each of them are ready to verify, Wherefore the sd. Duncan McGregor, Timothy Lynch, Morris Prestingham, Michael Hogan, Michael Hayes, Robert Watt, Thos. Man, Kennet McPherson, & Jno. Roche
& each of them pray Judgment if the Honorable Court here will further proceed upon the Indictment aforsd. against them & that they may be dismissed from the Court hereof & upon the Premisses &c.
And Robert Treat Paine Esq. attorney General for the Goverment & People aforsaid, who prosecutes in this behalf for the sd. Goverment & People, as to the said plea of them the sd. Duncan McGreger Thomas Lynch Michael Hogan, Thomas Man Robert Wat Morris Pressingham Keneth McPherson Michael Hayes & John Rotch.
by them severally above pleaded as aforesaid, for the sd. Goverment & People of this State saith that the sd. pleas & the matter therein contained are not sufficient in law to preclude the sd. Court here from their Jurisdiction to hear & determine the Murder & felony specified in the sd. Indictment & above charged against the sd. Duncan McGregor, Thos. Lynch Michael Hogan Thomas Mann Robert Wat Morris Pressingham Keneth McPherson Michael Hayes & John Rotch.
in & by the sd. Indictment wherefore for want of a proper plea sufficient answer in their behalf he prayeth Judgment & that they may answer here touching & concerning the premisses