Robert Treat Paine Papers, Volume 4

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Indictment

RTP

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.”

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).

Trial notes

RTP

Supr. Ct. Suff. Novr. 17791

State vs. John Brainard for Rape on Chloe Slocum

Cloe Slocum the Pris. came to our house, set down, sd. he wondered how the Devil he came there, as it was a big place, had never been to our house before, went to my Sister & asked her if he had any ~~Ribbons~~ hair to sell, sd. he wd. give Ribbons; told her she shd. go on to the bed, & threw her on to the bed, she sd. she would not or he had never seen his face & Eyes before; She scuffled & got away. Sister went out to wet Cloth I went to help her, he took hold of me he damn’d me & said he did not hinder me. Sister went away while I was at Home agt. Door, he pulld up coats, bound in bosom, then pull’d me backward pick’d up cloaths & faced me I cry’d murder as loud as I could. he sd. Father was gone to training he sd. he’d kill me, tryd to stop my mouth, told me, not to tell. he sd. I should have some thing gave me Ribbond & bill he sd. he intended to change my dress. Mr. Legg & Sister came in I threw the Ribbon at Pris’ner he took ’em & put in pocket Mr. Legg was going I ask’d him to stay he did not. I then told Eunice Smith & others of the affair. Mr. Legg persued him he ran, he entered my body & I percieved something come from him. I try’d to go with my Sister but he held me; something came from me after he had forced me. 100 Molly Slocum Prisner came in, ask’d me for hair, sd. it was a big place, sd. you shall go onto the bed, I had as lief lay before yr. father or not. he attempted to pull up cloaths, said Sister shall keep watch or damn her I’ll kill her. I got away from him went to wet Cloath. he shoved me agt. the house: unbuttond his breeches & uncovered himself hawled up my cloaths, as high as my knees, I struggled & he let me go, & I went to call help, saw a boy after Mr. Legg & I came home with him I told Mr. Legg how he behaved to me my sister look’d as if she had been crying hair tumbled, cloaths rumpled, my Sister asked Mr. Legg to stay back he sd. he’d stop back presently. She told Eunice Smith that Pris. had forced her Joshua Legg. Eunice Smith came to me & sd. I must go to John Slocum’s for there was a man there that threatned to kill ’em. Molly Slocum met me told me she thought the man wanted to force ’em, She stop’t at the corner of house, he sat near there down with bundle on knee. Cloe sat spinning. I sat down Cloe went out to her Sister; I spoke to the man: Girls came in I sd. now is the time to say if he has abusd you. Pris sd. you may call in Girls. Molly sd. you threw me on bed &c &c. Cloe went & watched &c. Cloe sd. she did not hear him: Pris. sd. he wd. go to Connecticut Cloe ~~gave him~~ threw the bill & ribbon on the floor & sd. she wd. not keep any of his things Pris & I went out. abt. 60 R. from the house Girls hollered to take Prisner. I went back & wn. I saw Pris. he was running wn. I saw him. Cloe looked as if she had been worried Eunice Smith Moses Adam’s Wife told me. I told Mr. Legg. he went before me. I got to the house. Cloe sd. the man forced her, that she scream’d murder, & that the man was gone. I hollourd to Mr. Legg to stop him. I then saw the man walking & he set out & run. She cryed wn. she told me of it. Cloe appeard worried, & her hair tumbled. Mr. Pickering a charge easily made & hardly defended Cloe did not tell Legg the Pris. sd. call in Girls. the man must have affrontry the Sister got out of his clutches Cloe went in to the house after the abuse of Sister. 101 wd. he have given the ribbon & the money if he had abused. 9 months might have produced a little malicious Witness. She has no way to support her charecter but to say it was by force unexperienced persons often appeal to matrons marks of violence. could she set at the spinning wheel Mr. Bradbury2 if she was a woman of a fair Character some marks must have appeared upon her if Chloe had been a Woman of Virtue wd. she have sat patient while he was on the bed wth. the Sister the Sister went away & left Cloe in this scituation Chloe considered the charging him with the crime would save her honour if she should have a child he is to be brought to another Tryal

MS .

This case was heard before the court consisting of Chief Justice William Cushing and associate justices Jedediah Foster, Nathaniel Peaslee Sargeant, David Sewall, and James Sullivan. The judgement read:

And now here cometh the sd. John Brainard & in his own proper person under the Custody of the Sheriff of the County of Suffolk, and is arrainged upon this Indictment, and being demanded how he will acquit himself thereof, he saith that thereof he is not guilty & thereof for trial puts himself upon God & the Country, and the Prisoner desiring Counsel, Theophilus Bradbury & John Pickering Esqrs. are assigned by the Court for sd. Purpose—And now a Jury is impannelled & sworn to try the Issue viz. Mungo Mackay foreman & fellows namely, Ebenr. Howard, John Hooton, John Tileston, Thos. Williams, Samuel Whiting, Edwd. Sohier, Saml. Eliot, Eleazer Fisher, John Ward, James Clark & Enos Armsby, who having heard the Evidence & the Cause fully argued by Counsel, returned the following Verdict and upon their Oaths do say that the said John Brainard is not guilty whereupon the Counsel for the Prisoner moves that he be discharged. It is therefore considerd by the Court that the said John Brainard go without Day.

( (Superiour Court of Judicature Minute Books, Suffolk County, Nov. 1779. Massachusetts Judicial Archives, Boston, Mass.).

Theophilus Bradbury (1739–1803) graduated from Harvard (A.B., 1757) and practiced law in Falmouth, Maine, until that town was burned by the British in 1775, at which time he moved to Newburyport. There he continued to practice law. He was also a justice of the peace, was active in the militia, and served in the state senate, as an Overseer of Harvard College, and as a member of the American Academy of Arts and Sciences. He represented Massachusetts in the federal House of Representatives from 1795 until 1797, when he resigned to accept appointment as one of RTP’s associates on the Massachusetts Supreme Judicial Court (Sibley’s Harvard Graduates, 14:143–146).