August 31, 1779

Suffolk Ss. At the Superiour Court of Judicature Court of Assize and general Goal delivery begun and holden at Boston within and for the County of Suffolk on the last Tuesday of August in the year of our Lord Seventeen hundred & seventy nine

The Jurors for the Government and People of the Massachusetts Bay in New England upon their Oaths present that John Brainard resident at Roxbury in the same County Labourer, not having the Fear of GOD before his Eyes, but being moved and seduced by the Instigation of the Devil, on the twenty first day of June last past with force and Arms at Franklin in the County of Suffolk aforsaid, in and upon one Chloe Slocum spinster in the peace of GOD & the government & people aforsaid then & there being, violently and feloniously did make an assault and her the said Cloe Slocum against the Will of her the said Cloe, then and there feloniously did ravish and carnally know, in evil Example to others to offend in like Case, and against the peace and dignity of the Government and People aforsaid.

R T Paine atty pr. Stat. { a true bill Witnesses Cloe Slocum Joshua Legg Wm. Mackay { foreman Molly Slocum Eunice Smith

Suffolk Ss. Augt. Term 1779 John Brainerd is set to the Bar & arraigned upon this Indictment and being demanded how he will acquit himself 99 thereof, he saith that thereof he is not guilty, and thereof for trial puts himself upon God & the Country

Att. And. Henshaw1 Cler.

MS (Suffolk Files, no. 102652. Massachusetts Judicial Archives, Boston, Mass.); endorsed: “Indictment vs. John Brainard for Rape The Jury say not guilty.”

1.

Andrew Henshaw (1752–1782) graduated from Harvard in 1768 and was appointed as one of the two clerks of the Superiour Court in 1778. When the new constitution of Massachusetts came into effect, Henshaw became first clerk of the House of Representatives and clerk of the new Supreme Judicial Court (Sibley’s Harvard Graduates, 17:34–36).