44. Wadsworth Mayhew was indicted at the May 1763 Barnstable Superior Court, and tried at the May 1764 sitting. The Minute Book entry does not state the verdict. “The Jury bro't in a Verdict which the Court think is contrary to the Evidence. They therefore reject the same and the Indictment is continued to the next term for trial.” Min. Bk. 72
. It does not appear that Wadsworth was ever retried, however. The Paine Law Notes
contain the following minute of his May 1764 trial:
Barnstable Sup[erio]r C[our]t May 1764
Dom. Rex vs. Wadsworth Mayhew
Benja. Coffin. Took it to be the Voice of B[ethiah] junr. did not disting[uish] his telling his bus[iness]: took hold of the Door before.
Norton. Told his bus[iness] full.
Manter. Bethiah junr. call'd, Basset gave orders to open an inner Door.
Davis. Saw Wadsworth immediately after firing Gun. I was at back, not Time eno[ugh].
Lucy. I and Wadsworth opend the Door. Thought of going for a Warrant.
. Wadsworth was Sleep, waked scared, went to back door, not to escape.
Mem[orandum]. Wadsworth was cleared at the Inf[erio]r Court for Damages.
Mem[orandum]. He told his bus[iness] but they did not hear it.