Robert Treat Paine Papers, Volume 4
the Bearer of this is one Abel Colbourn who Sometime Since informed me1 of a gang of People employed in passing Counterfeit Money, and took a warrant against one of them Timothy Rand by name; and apprehended him. Colbourn has been at considerable expence of Time and money about this affair & has acted very honestly & adroitly. When he first applied he had my advice by all means to proceed & which he did upon the faith of the Gouvernment would reimburse him if he succeeded. I think in Justice and Policy they ought to and I have no doubt but they will. But not knowing what steps were regular I remitted him to you who I am certain will assist him. Now for another matter—Rand appears to be a young man and not hackneyed in the Trade—he is disposed to confess publickly all the facts within his knowledge; privately he has already done it to me. He wishes to avail himself of the lenity of Government & be a witness for them. And upon his information I have already procured evidence against one Abel Sawyer jr. and committed him I think upon satisfactory proof. I hear Lawrence has applied to you for E to be admitted an Evidence for the Commonwealth. I hope you have given him no assurances. He is one of the greatest of Vilains in this affair—unless it is Sawyer, who is a vilain in every respect. Without making use of Rand there is no convicting Sawyer, but I have given Rand no assurances as I was not authorised. But promised to recommend him to you which I now sincerely do & wish for the sake of the Public he may be admitted on Evidence for them. I am now in great haste but will soon send you Rands examination; and could wish that if you think best to trust me with any discretionary powers in this matter you would take the earliest Opportunity to do it.2
Theophilus Parsons (1750–1813) graduated from Harvard (A.B., 1769), studied law with Theophilus Bradbury, and was admitted to the bar in Cumberland County in 1774. Two years later he moved his practice to Newburyport, Mass. He served as a justice of the peace and a representative to the General Court, and in 173 1806 he accepted his appointment as the state’s chief justice of the Supreme Judicial Court. He was considered among the ablest jurists of his generation (Sibley’s Harvard Graduates, 17:190–207).
Timothy Rand and Abel Sawyer were both brought before the Nov. 1781 sitting of the Supreme Judicial Court at Salem, charged with passing counterfeit notes. That court continued the case, each party to post recognizance of £200. The case was heard at the June 1782 sitting in Salem, when both Rand and Sawyer pleaded guilty. They each were to pay £3.12 as treble damages and were fined £20 plus costs (Supreme Judicial Court Minute Books, Essex County, Nov. 1781. Massachusetts Judicial Archives, Boston, Mass.). See also Nicholas Pike to RTP, Jan. 27, 1782 (above), on this case.