Suffolk. Special Sup Jud Court Decr. 3d Wednesday 1783

Cor Grand Jury vs. Cossumo Garcelli & Bartholomew Martel for murder of John Johnson1

Oliver Vose 2 6 Novr. last I saw 3 men in my Front Room with large Clubbs. I orderd em out they went. I then heard some noise in Street saw a man lay, one man striking. the rest stood round they all went away Jane Woodrow 3 men came into my house a 4th. came in they appeared enraged, had Clubbs, they went out,—went to Voses then came out, went to Mr. Grooms. Somebody cry’d murder it proved to be Fanny Grooms—Clark & Wheeler came by—Johnson no sun out, screamed murder, he dy’d the 8th. I saw men strike him I think the same men that came at my house & that I saw come from Voses Fanny Grooms I was going out of Gate with my brother 3 men coming up the ally askd mother if they cd. have a Dance She said no. he sd. by G—— we will have a frolick by & by. he that Spoke was the tallest. I went out again going up the ally I saw em coming out of Vose Entry. they took hold of me, saw a knife glisten, they sd. If I spoke a Word they’d take my life away, I scream’d murder Mrs. Woodrows door opened. I saw two men coming up alley the 3 left me & went to them, who were Clark & Wheeler and struck them with their Clubbs Mrs. Woodrow took hold of me, then Mr. Johnson came out with Tongs they fell upon him struck with Clubbs. threw him down, & run. I saw a motion of all 3 like Stabbing Stooping over him 276 George Clark I was standing in King street & heard murder cryd in the alley I went down saw the 3 I askd what the matter they calld me a d——d boger & struck at me 2 of them I knocd one down he rise & come close with a knife I retreated 10 steps, came back. Johnson sd. he was stab’d. Garcelli is the man who drew his knife on me. I think I saw Martel that night John Wheeler I was in State Street, her cry of murder. Clark & I went down Alley askd wht. is the matter the 3 rushd on Clark & struck at him—Johnson came out soon drop’d. I saw em strike Johnson—they ran I kept sight of them till later Garcelli is the same person. he made severall passes at me Fortesque Vernon between 7 & 8 oClock at the other ½ of Vose house, heard some people attempting to force their way into Vose Room. Saw 3 people with sticks, Garcelli there, Martel not, all the 3 at Voses Door could talk English Dr. Appleton found 4 Wounds, 1 inch wide left side between 6 & 7 Rib. 1 between shoulders 7 & 8 Ribs: 2 below left Kidney, we compared the Knife & it suited. all the wounds appear’d to be of same width Thos. Clemens I was present at taking him took his knife from him, ground to a point. found a Jack Knife abt. him with two blades: the blood on the Knife fresh, I dd. the Knife to Jus. Greenleaf he to Mr. Patten the Consble. John Tilley I serched Garcelli found a Jack knife Benja. Chandler I was at Vose, among the Dancers, 3 came in. shov’d Door open, struck agt. the Door, came in tall one drew a hanger knife. I saw Garcelli strike Johnson: Jona. Beal was there Elias Parkman I took hold of Garcelli he had a knife it was bloody Jona. Stoddard I was present at taking Garcelli took the Knife bloody Joseph Charles, Casselo Gardelo

MS .

1.

On Nov. 8, the Boston Evening Post reported: “A man by the name of Johnson, in a fray which happened last Thursday evening between a number of foreign seamen, received four several stabs from a knife in different parts of his body, by the hands of a Portuguese, which wounded him to so great a degree that his life is despaired of. The perpetrator of this infernal practice has since been detected and had before authority, who has committed him to goal: May he receive the reward justly due to his demerit.”

2.

Oliver Vose (1734/5–1810) moved from Milton to Boston about 1778 and operated a tavern in Royal Exchange Lane (Ellen F. Vose, Robert Vose and His Descendants [Boston, 1932], 67–68).

December 17, 1783

Suffolk Ss. At the Supreme Judicial Court begun and holden at Boston within and for the county of Suffolk on the third Wednesday of December in the year of our Lord Seventeen hundred and eighty three by virtue of a Precept from the Governor of this Commonwealth by and with the Advice of the Council of the Same directed to the Justices of the same Court in persuance of a Law of this Commonwealth instituted “an act for holding a Superiour Court of Judicature Court of Assize and General Goal &c being at other times than those already appointed by Law.”

The Jurors for the Commonwealth upon their Oath present that Casumo Garcelli resident in Boston aforsaid Mariner, and Bartholomew Martel resident in said Boston mariner, not having the fear of GOD before their Eyes, on the sixth day of November in the Year of our Lord Seventeen hundred and Eighty three at Boston in the County of Suffolk aforsaid with force and Arms in and upon John Johnson in the peace of GOD and of this Commonwealth then and there being feloniously, wilfully and of their Malice aforethought did make an Assault, and that the said Casumo Garcelli with a certain Knife of the value of six pence which he the said Casumo Garcelli in his right hand than and there had and held the said John Johnson in and upon the left side between the Ribs of him the said John Johnson then and there feloniously wilfully and of his malice aforethought did strike and thrust giving to the said John Johnson then and there with the Knife aforsaid in and upon the left side between the Ribbs of him the said John Johnson one mortal wound of the bredth of one Inch and Depth of Six Inches of which said Mortal wound the said John Johnson from the said Sixth day of November in the year aforsaid until the eighth day of the Same month of November aforsaid in the year aforsaid at Boston in the County aforsaid did languish and languishing did live on which said eighth day of November in the year aforsaid at Boston in the County of Suffolk aforsaid the said John Johnson of the said mortal wound died: And that the said Bartholomew Martel then and there vizt. on the said Sixth day of November in the year aforsaid feloniously wilfully and of his malice beforethought was present aiding helping abetting com­278forting assisting and maintaining the said Casumo Garcelli the felony and Murder aforsaid in manner and form aforsaid to do and Committ And so the Jurors aforsaid upon their Oath aforsaid do say that the said Casumo Garcelli and Bartholomew Martel then and there the said John Johnson in manner and form aforsaid feloniously wilfully and of their malice aforethought did kill and Murder, against the Peace and Dignity of the Commonwealth aforsaid:

R T Paine atty pr. Repub. a true bill Penuel Bowen {Foreman

Garcelli says not Guilty

Martel says not Guilty

The Court assign Mr. Sullivan

to assist Garcelli, & Mr. Tudor to assist Martel

Suffolk Ss. Supreme Judicial Court at Boston Decr. 17th. 1783 Specially held for the Trial of certain Felonies—The said Casumo Garcelli & Barthlomew Martel are set to the Bar & have this Indictment read to them, they Severally say that thereof they are not Guilty & thereof Trial put &c.

Att. Chas. Cushing Cler.

MS (Suffolk Files, no. 103257b. Massachusetts Judicial Archives, Boston, Mass.).