Robert Treat Paine Papers, Volume 4

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326

Trial notes

RTP

Suffolk. S.J.C. February 1785

vs. Wm. Scot

Thos. Archebald

James Lovel Esqr. Chest weghd. 168 lb. 36 in. 18 in. Eving of 22d Novr. I took an acct. of my notes. the Eving of Robbery I threw in money half Crowns French 7 oClock & put in my Pocket Book in morning abt. 7 oClock I found my Window open Shutters on the floor, my plate was in the room, they did not touch it. Goodbread accused him, he sd. he lay in a Haybarn with a N. Engld. man Tuesday night, could not tell wn. two night before when he breakfasted, where he worked; he sd. he had asked a negro, sd. he Negro had helped him to work—Scot the day after they were cmtted that the negro was the only person who could give me informn. of my papers Mary Capen I barr’d that window where the chest was & locked it, I went to bed abt. 11 oClock Archiebald McNeil I was awakened by a noise of striking. I heard striking twice. my Clock Struck 2. I saw a man about the size of blank they kept coming & going. I could not see them in the shade saw sparks of fire, next morning before sunrise I saw the Letters, Baggs marked wth. Mr. Lovells Name & the Chest marked the person who walked had no hat on & short hair chest thick 170 yds. off John Vicker 24 of Novr. abt. day break the two prisners were at my house, ask’d for a Sling, worried in mind, asked me to let them lay down 3 hours they then ask’d for sling I went out ½ past 7. heard a Robbery Committed I had seen them Tuesday PM at my house John M: Lovell after Archebald comitted Friday night abt. 4 oClock I saw Scot behind Nero house. Scot sd. he would not tell any thing unless he cd. receive some advantage & then he would tell the whole: I had said he had better tell me where the papers were—Friday Evning he sd. he came from Phila. had pd. for a Ws. board, brough 6 or 7 dolls into Town, & had been 2 or 3 Women parted the value of 4 or 5 dolls out of his Fob 5½ Crowns—he sd. he lodged on Tuesday night in a barn: Nero told me he Enterd. 327 Bart. Broaders before sunrise, Friday at Mr. Lovell he sd. he came from Phila. 3 ws. coming brought 3 doll from there. he sd. he had been in Town 3 ws. then not above a week. lodged in blank he sd. a blk man lent him the money. I catched Scot tapping at Nero’s window 11 oClock at Exon. I asked Scot where the rest of the papers were he said he would not tell unless he could be an Evidence and then he would bring out the whole Benja. Homans I saw Scot just coming out of Neros Yard Friday night. Next morning I found money in his Fob & in his shoes Nero Faneuil I was acquainted with Scot abt. a week before fact. Tuesday Eving they came to my house. spent Eving there till just after 8; they asked me if I would go with them to commit this Robery, they said they would come again at 11 oClock or 12. I went to bed abt. 11; got up & saw them about the house: at 12 oClock we were by Mr. Lovels & it struck 12. Archebald opned the Window as high as he could lift, he pressed & found the bar, he pushed it in with his foot he pulled off his shoes & got in, Scot came to the Window and told Scot to come in, Scot pulld off his Shoes & got it, the Clock struck one, we carried it to the new house Archiebald got my ax pryed open the chest. Scot put the hard money into his hatt, the Clock struck 3 as we were coming down agt. Mr. Lovell, they came to my house examind the papers, not above 16 D. they said they would Separate the Bank bills & burn the rest, they told me to take care of them till the noise was over, they wd. go to Providence stay 2 or 3 mo. & then come back again they tarried at my house till the Clock struck 6. they then went off & I saw no more of them till Friday after: AM Archbd. came to me went to Vickers met Scot got some thing to drink. Mr. Lovel told me if I wd. Confess I should be a Witness John Fullerton I found one ½ Crown in his Stocking & some in his Shoes Rachel Cooper 4 or 5 days before we was taken up. Thanksgiving day night at our house Jack Austin I was at Nero’s house the Evning of the Burglery. Saw Archebald there and another white man in the corner, I left em both there of a party Prince Hitchborn I saw them at Nero that night, talking & drinking 328 Flora Fanueil abt. a Week before the Theft they were at our house, they were there the night of the Theft. went away abt. 8 oClock. Jos. Greenleaf Esq. for Prisoners Hannah Nelson I have seen Scot the Tuesday night before thanksgiving he came to our house lodged all Night. I had laid in Thursday before he lodged in the Room with my husband, I can’t say I heard of the house brake next Day my hus name Thos. Nelson, Scot tarried all the Evning Tuesday, Wednesday & Thursday he lodgd. at our house. I don’t know what day of the month the child born. 12th ws. old last Saturday. he could not have gone out witht. my knowledge Sarah Bond I have seen him at Mr. Nelsons. Saw him come in before candlelight & tary till next morning, the Tuesday before candle light he lodged Tuesday, Wednesday & Friday night Mrs. Cuningham the midwife ~~I dont know what day of the month my Child was born 12 ws. old last Saturday~~ I didnt remember hearing of the Theft that week or next. Benja. Hitchborn Esqr. Nero’s Character for Truth good Abigail Willet after Thanksgiving: Sally Bond bad Character Amy Martin Mrs. Martin brought a bed Saturday before Thanksgiving. I then lived at Dr. Jones Mr. Tudor Ld. Coke says the Evidence should be so full as not to be contradicted was the reason no Council allowed safer to acquit 20 guilty to condemn one innocent man Hannah Cunningham I rather think it abt. 10 days before they Come in wch. was Decr. 1, I think not 200 D will enduce people to swear Mm. they have their reward witht. Comm. no part of the Property found on any but Nero Was it not strange that Nero should be trusted with the money 329 2 Hard.1 429 1 HPC 305. the credibility of an accomplice to be left to Jury Trials pr. Pais.2 500 persons confessing themselves guilty often falsly3 2 HPC: 226. approves bond Mrs. Nelson might have Cook’d up a Story for both as well as one Mr. Gardiner Speculative man have doubted the right to take away Life except in murder I have known these blks., no credit to be given to them.

MS .

John Tracy Atkins, Reports of Cases . . . in the Time of Lord Chancellor Hardwick, 3 vols. (London, 1765–1768).

Giles Duncombe, Trials per Pais; or, Law concerning Juries by Nisi Prius, etc., 2 vols. (London, 1766), a copy of which RTP had in his library.

“Micheal Zellars, William Scott and Thomas Archbald, on Wednesday last, at the Supreme Judicial Court, received sentence of Death. Yesterday James Sisk, tried on three indictments, at the same Court, was sentenced to be branded with the letter B. on the forehead, to set 2 hours on the gallows, whipped 50 stripes, and being unable to pay costs, to be sold for 27 years. A woman, tried for the intended murder of her infant, sentenced to set for an hour on the gallows, and pay costs” (Massachusetts Centinel, Mar. 12, 1785). “Thursday the 5th day of May, is affixed for the execution of Archibald, Scott and Zellers, now under sentence of death, for burglary” (Massachusetts Centinel, Mar. 23, 1785).

Samuel Phillips Savage noted in his diary for May 5: “this Day 2 men executed at Boston for Burglary & one reprieved” (Samuel P. Savage diaries, 1770–1795, MHS). The Massachusetts Spy reported on May 12: “Thursday last, were executed in Boston, agreeable to their sentence, for Burglary William Cott, alias Scott, and Thomas Archibald; Michael Zellars, who was to have been executed the same day, received a Reprieve that morning. They had heretofore behaved in a manner unbecoming their unhappy condition, but on that morning appeared penitent, and suitably affected with their situation.”