Suffolk Sup Court cor. G: Jury. Augt. 1780

vs. Duncan McGregor & als who fired from the Guard Ship & killed Thos. Beckford

Jos. Waterman ) I was serjeant & went on board with 6 men to relieve guard there. AM they the Prisners were very insulting & spit in guards face: just at night they got rum & got high. Some of the officers in round house told us the Pris. were going to rise; upon it I fired a signal Gun to Town for Assistance: Mr. Morton came on board & sd. if there was any thing amiss it must be rectified, & upon it they rose & disarmed us. 8 of us Serjt. Corporal & 6 men. they ordered us aft into the Guard house called us rebels, presently they fired: Duncan McGregor was the man who struck me with his hand. I then saw him with a Gun he sd. he brot. it from Ireland, he pushed at me with Bayonet. this shd. have been put to Morton Duncan McGregor took the Bayonet out of my hand. Majr. Rice Augt. 10th agt. I was informed of riot on board Prison Ship; I haled the ship & askd if Morton on board, I took him on board, they ordered me not to go away. they fired twice before I perceived the Serjeant dead, Morton fell over & one oar I went on board & told ’em they had killed my men & I must have some body to go on shore; I took 9 of em on board, one of ’em was Timothy Lynch, whom I saw on board with a Gun a bayonet & he dam’d me & swore he wd. blow my brains out. 125 Isaac Morton I was officer of the day for the Town, Augt. 10. 1780: I heard the first Gun fired by Serjt. Waterman & I went on board, one of ’em Duncan McGregor struck me on the head with his fist. 2 more came up & damd me, they had peices, they sd. they brought em from Ireland. Majr. Rice came on board alongside I got into boat & they fired Hez: Brackett. I was one of the guard on board, Serjt. Waterman fired a Gun out of Cabin Window, he ordered me to load, I saw a no. surround Sergt. & disarmed him then they disarmed me, a Scotman disarmed me. I was in round house & heard some of em call to a Boat along side. I took it to be Major Rice & calld him dam’d Rebel & to come on board or they wd. shoot him & upon it I heard the firing: Duncan McGregor came into the round house for Cartridges Thos. Kirk I was Guard on board. I was posted forward & one man insulted me & took hold of my Musket. Patt. Ryan. I don’t know which fired first. I heard the bulletts from the musket agt. the quarter Robt. Smith I was a guard on board Morris Buchan took my Gun from me damnd me & Congress, & damd my Eyes threw the Bayonet overboard, I saw my Gun next morning it looked as if it had been fired, my Cartridges were all gone Thos. Mann was abt. to strike me abt. 5 oClock—I saw Emanuel Joseph Porteguese put a Bayonet to Lieut Morton’s Breast & swore he would run him thrô John Daniels I was a Guard on board I was disarmed by blank. I saw Michael Hayes stand centry by round house he swore he’d be the death of some of the dam’d Rebels, I was on deck when they fired. I also saw Duncan McGregor with a bayonet in his hand Thos. Jones I was sitting in round house. Serjt. was told they were all to rise, he fired alarm Gun; Edward Haley Michael Hogan & Timo. Lynch reachd. to me & prickd me with bayonets, one with Club struck me confind us in round house & placed a centinel over us: John Rotch was playing with a stick: Edward Haley I think was innocent. Richd. Makins, two men. Timo. Lynch & Michl. Hogan drove us up on Deck with drawn Bayonets the Vessel was adrift Robert Crosby. Lynch & Hogan. 126 Benja. Wilson I was in the boat that rowed Majr. Rice on board. they killed the Serjeant & then I fired we were abt. midships, then they fired & sent a shower of Brickbatts into the boat

vs.
Duncan McGregor	{	Jos. Waterman: Isaac Morton: Hez. Brackett: John Daniels: James Melony
Thomas Man	{	Robt. Smith: Phil Rogers John Sullivan: Charles Selking Emanuel Joseph
Robt. Watt	{	Philip Rogers
Morris Pressingham	{	Robt. Smith
Timo. Lynch	{	Majr. Rice: Thos. Jones: Richd. Makin Robt. Crosby: James Melony: Phil: Rogers
Michl. Hogan	{	John Daniels: Thos. Jones: Richd. Makin: Robt. Crosby:
Michl. Hayes	{	Philip Rogers
John Rotch	{	Thos. Jones: Wm. Barret.
Keneth McPherson

James Melony I was a prisner on board the Guard ship. I saw Lynch & McGregor have Bayonets. Philip Rogers I saw Thos. Lynch near Cabin Door with a musket in his hand. Michael Hayes drove us upon Deck with threats: I saw Lynch over the Deck pointing at the Boat with a Gun. I saw Thos. Man with a musket before firing walking back & forth. Robert Watt was the first person that attacked the Centry John Sullivan I was down on Deck & saw Thos. Mann with a Gun Charles Selking I saw Thos. Man fire on the boat, the boat fired first Wm. Barret I was Corporal of the Guard officers called Sergt. & me into round house & sd. the Pris: were determined to rob us, after Morton came John Rotch seized my Bayonet, after Rotch seized me he struck me under the throat & kick’d me down. I found my Gun afterward & Serjt. Booth sd. she had been discharged. Benja. Edes. Timo. Lynch had a loose bullet. 127 Patrick Ryan I know nothing Edmund Hayley nothing Emanuel Joseph Franciso Santo. I saw Thos. Man have a Gun Keneth McPherson.

MS .

August 29, 1780

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 & Eighty

The Jurors for the Government & People of the Massachusetts Bay in New England upon their oath present, that Duncan McGreger resident at Boston aforsaid Labourer Timothy Lynch resident at Boston aforsaid Labourer Michael Hogan resident at Boston aforsaid Labourer Patrick Ryan resident at Boston aforsaid Labourer Thomas Man resident at Boston aforsaid Labourer Robert Watt resident at Boston aforsaid Labourer Morris Pressingham resident at Boston aforsaid Labourer Keneth McPherson resident at Boston aforsaid Labourer Michael Hayes resident at Boston aforsaid Labourer Edward Hayley resident at Boston aforsaid John Rotch resident at Boston aforsaid Labourer Emanuel Joseph resident at Boston aforsaid not having the fear of GOD before their Eyes on the tenth day of August in the year of our Lord Seventeen hundred and Eighty with force and Arms at Boston aforsaid in the County of Suffolk aforsaid in and upon one Thomas Bickford in the peace of GOD and of the Government and People aforsaid then and there being feloniously wilfully and of their malice aforethought, did make an Assault, and that the said Timothy Lynch a certain Muskett of the value of forty shillings then and there charged with Gunpowder and one leaden bullet, which Musket the said Timothy Lynch in his with both his hands then & there had & held to against and upon the said Thomas Bickford, then and there feloniously wilfully and of his malice aforethought did shoot and discharge: and that 128 the said Timothy Lynch with the leaden bullet aforsaid, out of the muskett aforsaid then and there by force of the Gunpowder shot & sent forth as aforsaid the aforsaid Thomas Bickford in and upon the neck of him the said Thomas Bickford, just below the Vertebra of him the said Thomas Bickford, then and there with the leaden bullet aforsaid out of the Muskett aforsaid by the said Timothy Lynch so as aforsaid shot discharged & sent forth, feloniously wilfully & of his malice aforthought did strike & penetrate & wound giving to the said Thomas Bickford, then and there with the leaden bullet aforsaid, so as aforsaid shot, discharged and sent forth out of the Muskett aforsaid by the said Timothy Lynch in and upon the neck of him the said Thomas Bickford just below the Vertebra of him the said Thomas Bickford one mortal wound of the depth of four Inches and of the length Bredth of half an Inch, of which said mortal wound the aforsaid Thomas Bickford then and there instantly died; and that the aforsaid Duncan MacGregor Michael Hogan Thomas Man, Robert Watt Morris Pressingham Keneth McPherson Michael Hayes John Rotch, then & there feloniously wilfully and of their malice aforethought were present aiding abetting comforting assisting comforting mantaing the said Timothy Lynch the felony & murder aforsaid in manner & form aforsaid to do & commit and so the Jurors aforsaid aforsaid upon their oaths aforsaid do say that the said Duncn McGregor Timothy Lynch Michael Hogan, Thomas Man Robert Watt Morris Pressingham Keneth McPherson Michael Hayes John Rotch the said Thomas Bickford then & there in manner and form aforsaid, feloniously wilfully and of their malice aforethought did kill and murder against the peace of the Government and people aforsaid and the Dignity of the Same

a true bill R T Paine Atty pr. Stat Samuel Welles { foreman

Suffolk Ss. Augt. Term 1780 Duncan McGregor Timothy Lynch, Michael Hogan, Thomas Man, Robert Watt, Morris Pressingham, Kenneth McPherson Michael Hayes & John Rotch are set to the Bar and being severally demanded how they will acquit themselves thereof they severally say that thereof they are not guilty, & thereof for trial severally put themselves upon God & the Country.

Att. Oliver Peabody,1 Cler. 129

Indictmt. for Murder

vs. McGregor et al

Prisoners of War

The Jury say that

Duncan McGregor is not guilty

Timothy Lynch is not guilty

Michael Hogan is not guilty

Thomas Man is not guilty

Robert Watt is not guilty

Morris Pressingham is not guilty

Kenneth McPherson is not guilty

Michael Hayes is not guilty

John Roth is not guilty

Att. Oliver Peabody, Clerk

MS (Suffolk Files, no. 102707. Massachusetts Judicial Archives, Boston, Mass.).

1.

Oliver Peabody (1753–1831) was a 1773 Harvard graduate who later returned to his native New Hampshire, where he became a state senator and later an associate justice of the Court of Common Pleas (1813–1816) (Selim Hobart Peabody, Peabody Genealogy, ed. Charles Henry Pope [Boston, 1909], 68).