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.).

Berkshire Sup. Jud Court. Octr. 1784 1

Cmnlth vs. Asa Sparks for Murder of Prince Negro2

Inquisition

William Day 3 29th. Decr. 1774, 30th Decr. I went saw the Negro, 7 or 8 Rods from house, a foot under Snow, had been two Snows just before, his left Ear had frozen blood fall a drop of blood on Rayl. the Track of 2 men had been. the Track of one, 3 R from house to the Negro 3 R from Negro wide where they could have a view, we went asked Sparks how the blood Came in his Ear he sd. he struck the Negro 6 or 7 blow with a Rope 4 ft. long a knot at each End before he went out, I asked him why; he said the Fellow wd. not cut woud, I asked him why he sent him out with so little cloathing in so Severe Storm he said the fellow had a mind to get a broom stick to get something for himself, no body knows that I had money given me to keep him. I have a bill of Sale of him for a 1/ he was his own Negro, & he had a right to do as he pleased with him; & produced the bill of Sale, it was hard frosty weather, he had no cloath,4 he had the appearance of 60. or 70 yrs. old, ax bad, Woods near, Wm. Campbell the day before Negro Death, I was the AM: I lived 150 R off. towards night, I went to cut a Logg 2 R from Sparks, I ask’d him where Prince was, it was very cold. he sd. he was gone to Capt. Kings I said he would never get there, while I was Cutting I called Prince he made no answer, I told Sparks to go look him for he wd. freeze & not come in this was abt. sun down. I went home; next morning Sparks came to my house, 314 my wife asked if Prince came home, he sd. no she sd. he is froze he said he is well enô. this was sun ½º high, I went with Sparks home to look Negro, he went right to the Negro, his tracks of ax & staff visible. Sparks said he Was dead and was glad of it. I sd. I wondered he did not take him in for he knew where he was, he made little answer he asked me if I would not help bury him. I said no, some blood at Door some at 1st bar & some at 2d. I asked Sparks the meaning of the blood, he sd. he spit blood—Track from the house a little wide of the Negro, within 2 R and back again I asked Sparks what made that track he said to look a Heifer: he sd. he had whiped him for doing his Occasion in the house 50 or 60 yr. old, he had lived with Sparks from May Peter Wooden week before, Negro fell on Ice could not get up. I help’d him up, to the house the Woman sd. he dissembles for he got up in Night to get victuals: PM before he died sun 2º high. I saw the Negro fall 2 or 3 R from 1st barr. I told Sparks of it. Sparks sd. have you fallen down Prince he sd. yes. I cd. fall down again. I had been gone upward of an hour, & returned & Negro stood against the Tree—Cloath was said to be sent, put on her Children his wife sd. it would do the Negro no Good. John King Esqr. Sparks came to my house the day after abt. middle of AM. sd. Negro dead, had gone after a broomstick. I found him abt. 8 R from the house a little blood on Barr & on Snow & 1st barr. Snow was over Shoes, Track of his Ax which Ax lay by him, another track from house a little wide it look as tho’ some body had been to veiw Negro: Sparks said he went out after some creature,—we opned his head, but so froze could not distinguish. I saw him in summer, decriped not capable of much Work—Negro said he was imported some cloath was said to be sent, & put on his Children Sparks owned it; Campbells Character Philip Ruff the morning after, I went for Esqr. King to Sparks. I told Sparks it was odd he should to his neighbours to seek up the Negro. when could see him from the end of the Track. Sparks said he had a right to go where he pleased towards early morng. it was no bodys business; he said he was Dead and he was glad of it, he said it was none of my business he defied me or any Law to hurt him for he was his money, blood at the house, on Wood—no shoes & 1/3 of his body naked & he was louzy Moses Buck the night before I was going by Prince was by wood Sparks sd. why dont you cut wood he says I can’t master, I said why do yo. not let him 315 go into the house & warm him he is almost froze to Death. Sparks sd. damn him I wish he was dead: Prince was stooping down on his hands, I talked considerably & he told the Negro to go in next morning he came to me & sd. his negro was froze to death, wanted me to help bury him. Aaron Mead Mr. Smedley sent Cloath to Sparks. Martha Osborn Asa Sparks was at my house before negro died told my Son he would give him a sum if he would kill my negro. Crulist weather, he was 16 yrs. old my Son resented what he said Mr. Sedgwick for Pris. Wm. Whiting Esq. if a Person receave a blow on the head that occasions Death whether there would not appear coagulated blood Dr. Partridge, extend Violence to occason Death must shew mark on the Scalp, Frost might change the blood to yelish Color (yellow) John Smedley my Father sold Prince to Sparks he gave age 47 yr. old, I remember Cloath being sent for the Negro, which was bought for him, fullerd Cloath, the Cloath he carried away not fit for Winter. Negro infirm Reuben Seeley Smedley sold the Negro, 50 or 60 years old, infirm, Decripit, not ½ capable of Earning his living, sold him for 1/ & was to let him have a peice of cloath Allen Sage junr. I have seen the Negro dig Potatoes at Sparks—I lived abt. 2 miles from him—he went a swimming instead of Working—lazy digging Potatoes—yesterday in Co. with Buck he sd. thought he was Guilty, had taken a false Oath; Sparks let Prince have his Coat & took the Cloath that was sent for his Children Mrs. Nabby Adams. Prince came to us in Green Peas time, he fell back, 1 ½ mile from his masters. faintd away, the Neighbors knew it—another time before, he run away gone 2 nights, another time he tarried at our house. Daniel Sage I lived 2 miles of. Saw no abuse. Prince act as Children did, Sparks went cold dressed, then was a difference between Campbell & Sparks & a hard spirit. Caroline King I have been at the house & seen him well fed, at the house once, in summertime, family poor 316 Rebecca Sage once or twice at house he eat with us sd he had not enough. I saw him a mile from house on Sunday he desired Mr. Wright not to tell his master of it Mary Sage I have been to the house often 2 or 3 times in fall, never see any abuses I staid with my sister 2 days at a time Remember nothing abt. victualls. he lay by the fire: talkd of getting broomsticks I am 18 yr. old Margaret Cade in Augt. I saw the Negro aslep by a Log, a mile from home about 12 oClock. I have been at the house all night never knew any abuse—he nastied himself one morning, put his hand in hasty Pudding. Campbell Charecter bad, a dispute abt. a horse. Danl. Lord, I saw Prince 2 miles from home in fall—talk of a Difference between Prince & Campbell. Campbell’s Character not middling: Robt. Campbell Cambell is Selectman & assesor John King junr. I never saw any abuse to negro, Sparks wife said the cloath was not enough to make him a Garment. Campbell not a man of Truth, I have found him so Charles Patterson. I was on Jury, blood & Water in his Ear—Campbell’s Character for Truth. for Cmnth Abner Wilcox Character not generally bad John Dibble not genally bad, at the Jury Sparks wife sd. the cloathes was not worth putting on him. Witnesses at Jury all swore as they have done here Foster. 250. mere omission not felony, Starving consists in witholding Sustenance the Inquisition doth not charge him with murder the snow 18 inches his Cloathes not seen till he was taken up Children & weoman & Indians are hardy he was as well Cloathed as the Family 317 suppose his child had been froze in the same place would Sparks have caried Campbel right to Prince if he had murdered him the offer to the young man to kill Prince is laughable Mr. Strong if Sparks was guilty of any thing it was principally in not providing Cloaths Sparks was disapointed in the goodness of the negro when he bought him could he be in Earnest wn. he asked the Lad to kill him he got his neighbours there, did not avoid

MS .

1.

RTP noted in his diary on Oct. 5: “Sup. J. Ct. sat G. Barrington”; Oct. 11: “Asa Sparks try’d for murder in freezing his Negro to Death”; Oct. 12: “Sparks acquitted.”

2.

This case was heard by William Cushing, David Sewall, and Increase Sumner. The jury found “that the said Asa Sparks is not Guilty. It is therefore considered by the Court, that the said Asa Sparks be discharged, and go thereof without day.” (Supreme Judicial Court Minute Books, Berkshire County, Oct. 1784. Massachusetts Judicial Archives, Boston, Mass.).

3.

Sumner’s notes identified William Day as the coroner.

4.

Sumner’s notes on this aspect are more complete: “the negro had on each foot a piece of old Blanket a linnen pr. Trowsers wore out, Collar & wristbands Cloth Coat on all to pieces.”