Robert Treat Paine Papers, Volume 4
Berkshire Ss. At the supreme Judicial Court begun and holden at Great Barrington within and for the County of Berkshire on the first Tuesday of October in the year of our Lord Seventeen hundred and Eighty one
The Jurors for the Commonwealth of Massachusetts upon their Oath present that James Hewit resident at Great Barrington in the County of Berkshire Labourer, being an evilly disposed Person and designing & endeavouring to discourage as much as in him lay the good Subjects of this Commonwealth from Supporting the Declaration of Independence made by the Congress of the United States of America and designing to prevent the Continental Army from being raised on the fifteenth day of September last past at Great Barrington aforsaid with force and arms did endeavour to support and justify the measures taken by the King and Parliament of Great Britain against the American States and then and there with a loud and audible voice in the hearing of divers good Subjects of this Commonwealth did utter the following Words & Expressions Vizt. Speaking of the late destruction and slaughter made by the British Army at New London, I wish to God they, (speaking of and meaning the American Subjects who fought at New London) had all been killed and cut to peices and broiled; I am glad, they (speaking of and meaning the British Troops lately at New London) cut them to peices (meaning the American Subjects who bravely fell at New London.) I wish they would cut all the Gentlemen in the Country to peices, meaning, (that the British troops might Massacre all the good Subjects of the American States): damn the Rebells (speaking of & meaning the good Subjects of the American States opposing themselves to the Oppression of the King and Parliament of Great Britain) I would cut them in hunks, broil them on the Coals and eat them, (still speaking of and meaning the good Subjects of the American States) I wish I had the Keys of Hell, I would turn in all the Damn’d Rebells and kick them along, (speaking of & meaning the good Subjects of the American States) I wish all the Soldiers of the American Army would go to the Regulars, (meaning that they would desert to the British Army) I wish the Americans could not raise an Army, (And Speaking to one John Waters an Enlisted soldier in the American Army he said) I hope the first bullet will go through your 168 heart and that you may loose your scalp. I wish they All (speaking of & meaning the American Troops) were scalped; damn the Congress to Hell (meaning the Congress of the American States.)—in evil Example to others to offend in like case, against the Peace of the Commonwealth aforsaid and their Laws in such case made & provided.
Berkshire Ss. Octr. 1781 James Hewet is set to the Bar and has this Indictment read to him he says that thereof he is not guilty & thereof for trial put &c.
Berkshire Ss At the Supream Judical Court of the Common Wealth of the Massachusetts holden at Great Barrington within and for the County of Bershire upon the Teusday next after the fourth Teusday in September 17811
James Hewet of resident at said great Barrington being Indicted by the Grand jury for Damning the Congress Execrating the Inhabents and army of america and using many insulting and threatning Expression against the united States of america against the Laws in that case mo with an intent to prevent the raising of the army against the peace of the Common Wealth & the dignity of the same and the said James Hewet being set to the bar plead not guilty to the said Indictment and then informed the Court that he was a subject of the King of great Britain and one of the Troops British army taken prisoner at Saratogo
and thereupon it is ordered that the said Sheriff of the said County of Berkshire take the said James into his Custody and that he secure him in Irons send him to Boston & there deliver him to the order of his Excellency the Governor that he may be dealt with as a Prisoner of War
This case was heard at the same session of the Supreme Judicial Court as Commonwealth v. Moses Graves, Jr. (above).