Supr. Jud. Court Worcester April 1783

Cor: Grand Jury.

vs. Paxton Rioters

Mark Heard before the vendue break the Road, at Landlord Snow. Reuben Sterns with a mug of Flip in his hand says to his brother Nathl. here’s a health to all the brave Tories & to George our King then Nathl. took the mugg, Danl. Witt says as big a Tory as I am I would not take the mugg in such a manner Thomas Pollard 3d. Feby. a Vendue at Paxton: I had sued the Town & had an Exn. vs. Treasurer, & his pr. oxen & cows were taken by Coroner to pay it: at Mr. Snows Tavern, Wait the Consble. had distrained for Taxes & the Cows were to be sold at the same time: John Davis of Worcester sd. if any bid more than a Copper for a Cow they shall go away with a Sore head; Asa Sterns’s cow was taken for Taxes & he sd. if he pd. the 5. Doll for Taxes he shd. have no money to buy flip: Reuben Sterns, Asa Sterns John Davis, David Peirce, Jona. Wheeler appeared on head Nathan Wheeler, Abijah Bemiss had sticks & in the time of the Vendue opned the Barn & drove away the Cow: some that were freindly to Gov: drove them back John Fessenden Esqr. Saturday eving. before Sale, I was at Snow’s in Paxton. on Monday the 3d. at Vendue people collecting with Clubbs: I tryd to compromise David Peirce whose cow was taken sd. he had paid as long as he cd. & wd. pay no longer: then Asa Sterns sd. the same of his Tax: 262 at Vendue sd. whosoever bids bids at his peril: Somebody else sd. who bids more than a copper it won’t be wholesome. this cow was sold & dd. to Capt. Ph. Newall: David Peirce bd. the Consbl. go to Hell for proposing to accomodate Ebenr. Wait I was Collector abt. a fortnight before Asa Sterns sd. he wd. pay no more taxes, the 1st Cow of Danl. Snow was sold to Phin Newal & Asa Sterns attempted to stop her being put into the barn & sd. she shall not stay there long: David Peirce’s Cow was next put up Asa Sterns next: all the list there Peter Taft Saturday before Vendue I was Eb. Boynton Jno. Dennis there, they askd is the Cattle will be sold, they sd. no. no body will bid, wd. you bid if you see half a doz. stand round with Clubbs to knock yo. down: I saw all the list there with Clubbs & in the mobb: Boynton sd. they intended to have prevented the Taxes being pd. by bidding off the cattle at /6d. Abraham Smith junr. Saturday before Vendue Nathan Snow at Danl. Bemiss, told who the cattle was taken from guess’d they wd. not be sold, there wd. be eno. to stop it. a No. of good hearty fellows coming from Holden. ask’d me if I wd. not come & see em he sd. he that bid first wd. be knockd Down, that he was then going after hands, he ask’d Danl. Bemiss if he wd. not come up & help kill some of them. I was at Vendue. it was James Snow pulld the Barr down Josiah Livermore. Nathan Snow came over on Saturday to my Father’s to get me & my brother to come over & stop the vendue. he sd. a No. of good fellows coming from Holden: he sd. Oliver Witt sd. they wd. carry clubbs: he sd. if he was put to Goal & they did not come & help him he hoped Thunder & Lightning would strike at Vendue: Lt. Browning bid Abijah Bemiss sd. you shall have whipping for this—the Cow was drove out, James Snow pulld down one Barr, David Peirce another. Nathan Wheeler sd. if he cd. get at Frink he wd. settle him Bradley Livermore Saturday before vendue Nathan Snow at our house; he askd me to go, sd. he hoped some wd. be killed, at Vendue the list there, unusual Clubbs. Bemiss came to me sd. he had some thing to do & meant to do it: the cow turnd out of the yard. James Snow & David Peirce pulled up barr & tryd to stop the Cow being drove back 263 James Browning I was at Vendue. I was the list all there, some of them sd. to Lt. Frink wt. business have you to order us Damn’d Congress officer: Jonathan Wheeler spit at Lt. Frink & he struck him Oliver Earl on Vendue day Nathan Wheeler had a very large Clubb sd. he was going to lick Frink John Davis sd. they wd. not be sold for more than 6d—some body sd. lads turn her out of the Yard James Snow let down barrs & Reuben Sterns drove out the Cow. she was drove back: David Peirce then pulld out a Rayl & after word sd. Damn the Authority. Asa Sterns sd. if he had been a mind to he cd. have had 1000 men Aaron Morse Thursday night before vendue. James Snow sd. his cow was taken to pay Rates, but they wd. not make out to sell her & he wd. buy Stone Buttons & pay his Rates wn. he could, at Vendue David Peirce sd. if they had not been D——d fool they might have drove their Cattle out. Nathan Wheeler sd. Frink shold. have as bad a bruizing as my brother. Asa Sterns endeavoured to pull the Barrs down Nathan Brigham Newton Vendue day, they sd. they had paid Taxes long enô. Reuben Sterns sd. damn the Authority. Asa Sterns sd. he’d keep his money to buy flip. Jona. Wheeler told Silas Newton to hold his tongue or he’d split his head open. this was before sale, all the list there Capt. Phineas Morse the list went out wth. their Clubbs: Abijah Bemis threatn’d to flogg me this was after Cow sold—Nathan Wheeler sd. Frink shd. have a d——d flogging with the Clubb, before he gets home. Asa Sterns sd. to me if we get the day will use you well & your country Pliny Moore at Vendue wn. Lt. Browning bid. Ab. Bemis sd. J:G:D. him he shall have his head broke: Jona. Wheeler chuck’d Lt. Frink under his chin & Frink struck him with his Fist Heza. Newton jr. at Vendue Jona. Wheeler sd. the first man that bid he’d knock his brain out, & bid Mr. Wait set her up if he dared—after Cow sold I saw Jona. Wheeler spit on Lt Frink & he struck him—afterward I saw Jno. Wheeler chuck Frink under the Chin then Frink struck him with his Fists—Reuben Sterns sd. to Esqr. Fessenden damn Civil Goverment: have often heard him speak contemptble of Govt.—Friday before at Worcester John Davis & Asa Sterns talked of opposing the Vendue. Samll. Moore sd. people were sick of Genl. Washington—the 2 Snows & 2 Wheelers set down the Barrs 264 Daniel Witt. before Vendue. Reuben Sterns drank a health to K. George & all his loyal Subjects. Heza. Ward Esq. just after Vendue, Asa Sterns said he cd. have had 1000 men here to day:

MS .

April 15, 1783

Worcester Ss. At the Supreme Judicial Court begun and holden at Worcester within and for the County of Worcester on the third Tuesday of April in the Year of our Lord Seventeen hundred and Eighty three

The Jurors for the Commonwealth of Massachusetts upon their Oath present, that Asa Sterns of Paxton in the County of Worcester Joiner Reuben Sterns of Holden in the same county yeoman John Davis of Worcester in the same county yeoman, David Peirce of Paxton aforsaid yeoman Ebenezer Boyington of said Paxton yeoman, Nathan Snow of said Paxton Labourer, James Snow of said Paxton Labourer Abijah Bemiss of said Paxton Labourer Nathan Wheeler of said Holden Labourer and Jonathan Wheeler junior of said Holden yeoman, together with a number of other persons to the Jurors unknown, being disorderly and riotous persons and minding and endeavouring to obstruct the due Execution of Law and to prevent the public Taxes of this Commonwealth Constitutionally and legally ordered by the Legislative Body of the Same to be assessed upon the subjects of the same for the defence and support of their Liberty being collected on the third day of February in the year of our Lord Seventeen hundred and Eighty three at Paxton aforsaid with force and Arms unlawfully riotously & routously did assemble and gather together for the evil purposes aforsaid and to disturb the peace of this Commonwealth aforsaid and then and there unlawfully riotously and routously did attack and beset a certain Barn and the enclosure thereof in said Paxton belonging to one Seth Snow in which was then legally detained a certain Cow destrained according to Law by Ebenezer Wait a collector of Taxes for the said Town 265 of Paxton & then & there to be sold by him at public vendue according to Law, and did then & there with force & arms riotously routously & unlawfully drive out the said Cow from the same Barn & the enclosure thereof for the purposes & intentions aforsaid & with an Intent forcibly to rescue the said Cow so as aforsaid legally detained in Terror of many of the good subjects of this commonwealth in contempt of the Laws of this Commonwealth and against the Peace and Dignity of the same And the Jurors aforsaid upon their Oath aforsaid do further present that the said Asa Sterns Reuben Sterns John Davis, David Peirce Ebenezer Boyington, Nathan Snow James Snow, Abijah Bemis Nathan Wheeler and Jonathan Wheeler joint together with a Number of other persons to the Jurors unknown on the same third day of February at said Paxton being disorderly and riotous persons and minding and endeavouring as much as in them lay to obstruct the due Execution of Law and to prevent the Collection of the public Taxes of this Commonwealth legally assessed on the Subjects thereof for the defence of their Liberty and happiness with force and Arms riotously routously and unlawfully did assemble and gather together for the destructive purposes aforsaid and to disturb the peace of the Commonwealth and being so assembled and gathered together, did then and there unlawfully riotously & routously remain and continue together in a tumultous manner for the space of one hour in evil Example to others to offend in like manner & against the peace & Dignity of the Commonwealth aforsaid

R T Paine Atty pr. Repub a true bill Job Cushing { Foreman

Worcester Ss. April Term AD. 1783 The said Asa Sterns, Reuben Sterns, John Davis, David Peirce, Ebenezer Boynton, Nathan Snow James Snow, Abijah Bemiss, Nathan Wheeler & Jonathan Wheeler Junr. are set to the Bar & have this Indictment read to them they severally say that thereof they are not Guilty & thereof for Trial put &c

Att. Chas: Cushing Cler

DS (Suffolk Files, no. 153487. Massachusetts Judicial Archives, Boston, Mass.).