September 22, 1778

Hampshire Ss At the Superior Court of Judicature Court of Assize and general Goal delivery begun and holden at Springfield in the said County of Hampshire, and for the Counties of Hampshire and Berkshire on the last fourth Tuesday of September in the Year of our Lord Seventeen hundred and seventy eight and in pursuance of an Act and Law of this State of Massachusetts Bay in New England made and passed by the great and general Court or Assembly of the same in the Year of our Lord Seventeen hundred and 59 seventy eight, entituled an Act to direct the Justices of the Superior Court of Judicature Court of Assize and general Goal delivery to try certain persons now confined in the Goal at Northampton in the County of Hampshire and in the Goal at Great Barrington in the County of Berkshire and for procuring Evidence to be used in said Trials.

The Jurors for the Government and People of the Massachusetts Bay in New England upon their Oaths present that Daniel Peirce of a place called Trees Grant adjoining Williamston in the County of Berkshire husbandman being a member and Subject of the State aforesaid, and owing allegiance to the same, not having the fear of God in his heart nor having any regard for the duty of his Allegiance, but being moved and seduced by the instigation of the Devil as a false Traitor and Rebel against the Government and People aforesaid, entirely withdrawing that cordial Love and due Obedience Fidelity and allegiance which every Subject & member of the same State of right ought to bear to it: And also most wickedly and Traiterously devising and conspiring to levy War against this State and against every other of the united States of America and adhering to the Enemies of this State and of each of the united States of America and giving them aid and comfort, thereby most wickedly and traiterously intending as much as in him lay to change and subvert the Rule & Government of this State, duly and happily established under the good People of the Inhabitants and Members of this State and to reduce and subject this State to the Government and Subjection of the King & Parliament of Great Britain upon the Sixteenth day of August in the year of our Lord Seventeen hundred & seventy seven at a place called Walloon Schaick in the County of Albany and State of New York with a great number of Traitors and Rebels against the Government & people aforesaid to wit, to the number of three hundred whose names are yet unknown to the Jurors in conjunction with the Enemies of this State being armed and arrayed in a warlike and hostile manner, to wit, with Colours display’d, Drums beating, Pipes playing & with Swords, Guns Clubs, Pistols & divers other Weapons as well offensive as defensive with force and arms did falsly and traiterously assemble & join themselves against this State and against each & every of the united States of America, and then & there with force & arms did falsly and traiterously array and dispose themselves against the Government and People aforesaid and against every of the united States of America, and then & there with force and arms in pursuance of such his wicked and traiterous Intentions and purposes aforesaid did falsly and traiterously prepare, order, Wage & levy a public and cruel War against the Government and People aforesaid and against each & every of the united States of America, then and there committing & perpetrating a miserable and cruel slaughter of and among the faithful Subjects and members of this and every of the united States of America, and then and there with force & arms in pursuance of such 60 his wicked traiterous intentions & purposes aforesaid did falsly and traiterously repair & go to the Encampment & within the Lines of the Enemies of this State and of the united States of America then waging public cruel & bloody War against this State and each & every of the united States of America and conspiring & endeavouring to reduce them to the subjection & Government of the King & Parliament of Great Britain and did put himself under the military Controul and direction of the same Enemy then encamped at said Walloon Schaick all which is against the duty of his Allegiance the Peace of the Government and People aforsaid the Laws of the State in Such Case1

Case made & provided & the Dignity of the Same

R T Paine atty. pr. Stat.

a true bill

Nathel. Ely Foreman

MS (Suffolk Files, no. 158172. Massachusetts Judicial Archives, Boston, Mass.). The text of this indictment is in a clerk’s hand with minor editorial additions and signature by RTP.

1.

At the same session of the court, there were similar indictments against Richard Huddleston of Trees Grant, “an Infant under the age of twenty-one” (Suffolk Files, no. 158173); Elijah Cunningham of Hancock, yeoman (158174); Elijah Brown of Hancock, laborer (158175); Martin Townsend of Hancock, laborer (158176); Joseph Vaughan of Williamstown, husbandman (158177); Simeon Franklin of Hancock, an infant (158178); Benjamin Gardner of Hancock, laborer (158179–158180); and Thomas Rogers of Hancock, laborer (158181).

Although the indictments and minute books of the SCJ treat these cases individually, RTP’s notes indicate that they were tried together in two units: State v. Daniel Peirce, Richard Huddleston, Elijah Cunningham, Elijah Brown, Martin Townsend, and Joseph Vaughan and State v.Thos. Rogers, Simeon Franklin, John Franklin, John Gardner, Benja. Gardner, William Brown, Philemon Lee. RTP’s diary noted on Sept. 28: “the Trial of six Persons for high Treason comitted at Wallon Schaik, came on & lasted till 3 oClock in the morning”; Sept. 29: “the Jury brought in their Verdict, not guilty”; Sept. 30: “the Trial of seven other persons for high Treason came on, Court at 10PM adjournd to next day”; Oct. 1: “the Trial went on. Case given to the Jury in the Evning”; Oct. 2: “Jury brought in five not guilty & two vizt. Philemon Lee & Wm. Brown guilty motion in arrest of Judgt. contd. for advisement. Court finished PM.”