Berkshire Sup. Jud. Court Octr. 1784 before Grand Jury

Commonwealth vs. Asa Sparks1

Wm. Day. 27th: Decr. 1774. we found the Negro Dead, bloody water issued out of his Ears, it had been very Severe weather—his clothing nothing William Cambell I lived in 100R. the day before Asa Sparks sd. Prince was gone Esqr. King. We found him dead; Sparks sd. it was no matter. cold night, a Track from the house to near him enough to see him & back again this was in the morning sun an hour high, there was blood at the Door & some blood on the bar where he was—he sd. he had liked him the day before John Dibble Sparks had an old decriped Negro Peter Wooden, the week before the Negro died, he fell down & I helped him up, abt. sun two hours high I saw Prince fall down. I told Sparks he called to him to get up in abt. 1 hour I return’d, he had a Bill of Sale carried at 1/ John King Esq: the morning after the Death of the Negro, he came to my house to bury him. Snow over shoes, some blood on Snow by him some on barrs: the Cloaths he had on by no means Sufficient: he sd. he went out to cut a broom stick, an old ax lay by him, the Edge broke, not fit to cut a broom Stick, he was old & decripid Philip Ruff the next morning I saw a Track from the house at the end of wch. he might see the Negro, I asked him why he calld on the neighbours 311 to look up a Negro he cd. see, he sd. he had a right to go where he pleased, it was nobodys business, the Negro was dead & he was glad of it, he was his money, & he defied any Court or Law to hurt him: we discovered blood on the Wood at the Door; the Negro had no shoes stockins or above 2/3 of his skin covrd., & what he had was raggs he was lowzy. Moses Buck I was going by Sparks house latter end of PM, before Negro died, Sparks called to Negro to cut wood I can’t saith the Negro. I sd. to Sparks what don’t you let the Negro go into the house & warm him, he will freeze to Death damn him sd. he I wish he was dead. the Negro stooped & crawl’d into house—I saw them abt.—next morning he came to me & sd. my negro is frozen to death, let us bury him I want you to give me leave & help him, the Negro was Naked Aaron Mead the Negro old master desired me to carry some Winter cloath to Parks to cloath the Negro Martha Osborn 2 I lived a mile from him. he was at my house in fall or Winter was setting in he offer’d my Son Wm. 5£ or some Sum to kill his negro my Son resented the thing

MS .

1.

Asa Sparks had served as a private in various regiments for several short terms between Dec. 1776 and Oct. 1780.

2.

Martha Osborn was described in Increase Sumner’s case notes as “a Shaking Quaker.” See Increase Sumner Papers, 1746–1799, MHS.

October 5, 1784

Berkshire Ss At the Supreme Judicial Court begun and holden at Great Barrington within and for the County of Berkshire on the first Tuesday of October in the year of our Lord Seventeen hundred and Eighty four

The Jurors for the Commonwealth of Massachusetts upon their Oath present that Asa Sparks of Mount Washington in the county of Berkshire yeoman, on the twenty fifth day of December in the year of our Lord Seventeen hundred and Seventy four at Sheffeild in the said County of Berkshire had 312 under his Care and Protection a certain Negro Man named Prince aged sixty years and infirm to Supply and support and maintain the said Prince with meat drink and Cloathing necessary and suitable to defend him from the inclemency of the Season; And that the said Asa Sparks not having the fear of GOD Before his Eyes on the said twenty fifth day of December in the year of our Lord Seventeen hundred and Seventy four at Sheffeild in the said County of Berkshire in and upon the said Prince in the peace of GOD and of the King that then was then and there being and being so aged and infirm as aforsaid and being then & there destitute of cloathing suitable and necessary to defend him from the inclemency of the Season and Weather on the same twenty fifth day of December in the same year; with force and arms feloniously wilfully and of his malice aforethought did make an assault, And that he the said Asa Sparks him the said Prince aged and infirm as aforsaid and destitute of Sufficient and necessary Cloathing as aforsaid beat and turned out of the Dwelling house of him the said Asa Sparks into the Snow Frost and Freezing Air, feloniously willfully and of his malice aforethought beat and expelled and caused and suffered the said Prince to tarry out of his the said Asa the Dwelling house of him the said Asa and in the Snow and open freezing air as aforsaid for the space of twelve hours and that thereupon the said Prince by means of his being kept destitute of sufficient and necessary cloathing by the said Asa Sparks as aforsaid and by means of the beating and expelling from the Dwelling house of the said Asa Sparks into the Snow Frost and open and freezing air as aforsaid being caused and suffered to continue in the open & freezing Air as aforsaid he the said Prince became Sick distempered & seized with the Frost to his Vital Parts and that the said Prince of the Frost aforsaid and of the Sickness and distemper occasioned thereby did languish and languishing did live for the space of six hours on the same twenty fifth day of December, on which same twenty fifth day of December at Sheffeild aforsaid the Said Prince died of the Frost aforsaid and of the Sickness and Distemper occasioned thereby as aforsaid: And So the Jurors aforsaid upon their Oath aforsaid do say that the said Asa Sparks the said Prince in manner and form aforsaid feloniously Wilfully and of his malice aforethought did kill and murder, against the Peace of the King that then was his Crown and Dignity.

R T Paine Atty. pr. Repub. a true bill Samuel Brown { Foreman

Berkshire Ss. Great Barrington Octr. Term 1784

The said Asa Sparks, is set to the arraigned at the Bar, and has this Indictment read to him he says that thereof he is not Guilty, and thereof for Tryal puts himself on God and the Country

Jn. Tucker Cler

T. Sedgwick & C. Strong Esqrs. assigned by the court as counsel for the Prisoner

MS (Suffolk Files, no. 160036. Massachusetts Judicial Archives, Boston, Mass.).