It is known, that _old_ Chief Justice Sewall, who died Jan. 1, 1730, kept a diary, which is in the possession of the Rev. Samuel Sewall, of Burlington, Ma.s.s., the son of the _late_ Chief Justice Sewall. As the death of the _old_ Chief Justice occurred, about eighteen months after the time, when the duel was fought, between Phillips and Woodbridge, it occurred to me, that some allusion to it, might be found, in the diary.

The Rev. Samuel Sewall has, very kindly, informed me, that the diary of the Chief Justice does not refer to the duel; but that the event was noticed by him, in his interleaved almanac, and by the Rev. Joseph Sewall, who preached the occasional sermon, to which I have referred--in _his_ diary: and the Rev. Mr. Sewall, of Burlington, has obligingly furnished me with such extracts, as seem to have a bearing on the subject, and with some suggestions, in relation to the parties.

On the 4th of July, 1728, Judge Sewall, in his interleaved almanac, writes thus--"_Poor Mr. Benjam. Woodbridge is found dead in the Comon this morning, below the Powder-house, with a Sword-thrust through him, and his own Sword undrawn. Henry Phillips is suspected. The town is amazed!_" This wears the aspect of what is commonly called foul play; and the impression might exist, that Phillips had run his antagonist through, _before he had drawn his sword_.

It is quite likely, that Judge Sewall himself had that impression, when he made his entry, on the fourth of July: the reader will observe, he does not say _sheathed_ but _undrawn_. If there existed no evidence to rebut this presumption, it would seem, not that there had been murder, in a duel, but a case of the _most atrocious_ murder; for nothing would be more unlikely to happen, than that a man, after having received his death wound, in this manner, should have sheathed his own sword. The wound was under the right pap; he was run through; the sword had come out, at the small of his back. How strongly, in this case, the presumptive evidence would bear against Phillips, not that he killed Woodbridge, for of this there is no doubt; but that he killed him, before he had drawn his own sword.

When the reader shall have read the authenticated testimony, which now lies before me, he will see, not only that the swords of both were drawn--but that both were wounded--that, after Woodbridge was wounded, he either dropped his sword, or was disarmed--and, that, when he had become helpless, and had walked some little distance from the spot, Phillips picked up the sword of his antagonist, and returned it to the scabbard.

The proof of this, by an eye-witness, is clear, direct, and conclusive.

The next extract, in order of time, is from the diary of the Rev. Joseph Sewall, under date July, 1728--_"N. B. On ye 4th (wch was kept, as a Day of Prayr upon ye account of ye Drought) we were surpris'd wth ye sad Tidings yt Mr. Henry Phillips and Mr Woodbridge fought a duel in wch ye latter was slain. O Ld Preserve ye Tow. and Land from the guilt of Blood".----"In ye Eveng. I visited Mrs. Ph. O Ld Sanctify thine awful judgt to her. Give her Son a thorow Rcpentce."_

These extracts are of interest, not simply because they are historical, but as ill.u.s.trative of the times.

"_1728, July 18. I preached ye Lecture from yese words, Ps. 119, 115, Depart from me ye evil Doers, &c. Endeavd to shew ye evill and danger of wicked Company.--Condemned Duelling as a b.l.o.o.d.y crime, &c. O Lord, Bless my poor labours._"

"_1728-9, January 22. Mr. Thacher, Mr. Prince, and I met at Mrs.

Phillips, and Pray'd for her son. I hope G. graciously a.s.sisted. Ld Pardon the hainous Sins of yt young man, convert and Heal his soul._"

Writing to a London correspondent, June 2, 1729, Chief Justice Sewall says--"_Richard put the Letter on board Capt. Thomas Lithered, who saild this day; in who went Madam Hannah Phillips_." In his interleaved almanac is the following entry--"_1729, Sept. 27, Sat.u.r.day Madam Phillips arrives; mane_." The explanation of these two last entries is at hand. Jean Faneuil of Roch.e.l.le had, doubtless, written, either to his brother Andre, in Boston, or to his nephew, by marriage, Gillam Phillips, giving an account of the wanderer, Gillam's brother. At length, the tidings came hither, that he was sick; and, probably, in May, 1729, intelligence arrived, that he was _dangerously ill_. The mother's heart was stirred within her. By the first vessel she embarked for London, on her way to Roch.e.l.le. The eyes of that unhappy young man were not destined to behold again the face of her, whose daylight he had turned into darkness, and whose heart he had broken.

He died about the twentieth of May, 1729, as I infer from the doc.u.ments before me. The first of these is the account, rendered by Jean Faneuil, to Gillam Phillips, in Jean's own hand--"_Debours.e.m.e.nt fait par Jean faneuil pour feu Monsieur heny Phillipe de Boston_," &c. He charges in this account, for amount paid the physician, "_pendant sa maladie_." The doctor's bill is sent as a voucher, and is also before me. Dr. "_Girard De Villars, Aggrege au College Royal des Medicins de la Roch.e.l.le_"

acknowledges to have received payment in full _pour l'honoraire des consultes de mes confreres et moy a Monsieur Henry Phillipe Anglois_, from the fourth of April, to the twentieth of May.

The apothecary's bill of Monsieur Guinot, covering three folio pages, is an interesting doc.u.ment, for something of the nature of the malady may be inferred, from the _materia medica_ employed--_potion anodine_--_baume tranquille sant_--_cordial somnifere_. How effectually the visions, the graphic recollections of this miserable young man must have _murdered sleep_!

The Rev. Mr. Sewall of Burlington suggests, that Mr. Benjamin Woodbridge, who fell in this duel, was, very probably, the grandson of the Rev. John Woodbridge of Andover, and he adds, that his partner, Jonathan Sewall, to whose house the body was conveyed, was a nephew of the _old_ Chief Justice, and, in 1717, was in business with an elder brother, Major Samuel Sewall, with whom he resided. In 1726, Major Sewall "lived in a house, once occupied by Madam Usher, near the Common;" whither the body of Woodbridge might have been conveyed, without much trouble.

The General Court, which a.s.sembled, on the 28th of that month, in which this encounter took place, enacted a more stringent law, than had existed before, on the subject of duelling.

I shall now present the testimony, as it lies before me, certified by Elisha Cook, J. P., before whom the examination was had, on the morning after the duel:--

"Suffolk, ss. Memorandum. Boston, July 4, 1728. Messrs. Robert Handy, George Stewart and others being convented on examination, concerning the murther of Benja. Woodbridge last night, Mr. Handy examined saith--that sometime before night Mr. Benja. Woodbridge come to me at the White horse[3] and desired me to lett him (have) his own sword. I asked ye reason: he replied he had business called him into the Country. I was jealous he made an excuse. I urged him to tell me plainly what occasion he had for a sword, fearing it was to meet with Mr. Henry Phillips, who had lately fell out. He still persisted in his first story, upon which I gave him his sword and belt,[4] and then he left the Compy, Mr. Thomas Barton being in Company, I immediately followed, and went into the Common, found said Woodbridge walking the Common by the Powder house, his sword by his side. I saw no person save him. I againe urged the occasion of his being there. He denied informing. In some short time, I saw Mr. Henry Phillips walking towards us, with his Sword by his side and Cloke on. Before he came nere us I told them I feared there was a Quarrel and what would be the events. They both denied it.

"Mr. Phillips replied again Mr. Woodbridge and he had some particular business that concerned them two onley and desired I would go about my business. I still persuaded them to let me know their design, and if any quarrel they would make it up. Mr. Phillips used me in such a manner with slites (slights) that I went of and left them by the powder house, this was about eight in the evening. I went up the Common. They walked down.

After some short s.p.a.ce I returned, being justly fearful of their designe, in order to prevent their fiteing with Swords. I mett with them about the Powder House. I first saw Mr. Woodbridge making up to me, holding his left hand below his right breast. I discovered blood upon his coat, asked the meaning of it. He told me Mr. Phillips had wounded him. Having no Sword I enquired where it was. He said Mr. Phillips had it. Mr. Phillips immediately came up, with Woodbridge's sword in his hand naked, his own by his side. I told them I was surprized they should quarrel to this degree.

I told Mr. Phillips he had wounded Mr. Woodbridge. He replied yes so he had and Mr. Woodbridge had also wounded me, but in the fleshy part onley, shewing me his cut fingers. Mr. Phillips took Mr. Woodbridge's scabbard, sheathed the Sword, and either laid it down by him, or gave it to him.

"Mr. Woodbridge beginning to faint satt down, and begged that surgeons might be sent for. I immediately went away, leaving these two together.

Phillips presently followed, told me for G.o.d's sake to go back to Woodbridge, and take care of him, till he returned with a surgeon. I prayed him to hasten, but did not care to returne. Mr. Phillips went away as fast as he could and went down the lane by the Pound.[5] I returned to the White Horse. I found Mr. Barton and Geoe Reason together. I told Mr.

Barton Phillips and Woodbridge having quarreled, Woodbridge was much wounded. I asked Barton to go and see how it was it with Woodbridge. We went a little way from the house, with a designe to go, but Barton, hearing Phillips was gone for a Chirurgeon, concluded Phillips would procure a Chirurgeon, and so declined going, and went to Mr. Blin's house where we ware invited to supper. I have not seen Mr. Hy Phillips or (heard) any from him, since I left him going for a Chirurgeon."

Such is the testimony of Robert Handy; and the reader will agree with me, that, if he and Barton had been choked with their supper at Mr. Blin's, it would have been a "Providence." It would be difficult to find the record of more cruel neglect, towards a dying man. When urged to go back and sustain Woodbridge, till a surgeon could be procured, he "_did not care to returne_." And Barton preferred going to his supper. The principle, which governed these fellows, was a grossly selfish and cowardly fear of personal implication. Upon an occasion of minor importance, a similar principle actuated a couple of Yorkshire lads, who refused to a.s.sist, in righting the carriage of a member of parliament, which had been overturned, because their father had cautioned them never to meddle with state affairs.

I shall present the remaining testimony, in the following number.

No. Cx.x.xVI.

Let us proceed with the examination, before Justice Elisha Cook, on the fourth of July, 1728.

"John Cutler, of Boston, Chirurgeon, examined upon oath, saith, that, last evening, about seven, Dr. George Pemberton came to me, at Mrs. Mears's, and informed, that an unhappy quarrel hapned betwene Mr. Henry Phillips and Benja. Woodbridge, and it was to be feared Mr. Woodbridge was desperately wounded. We went out. We soon mett Mr. Henry Phillips, who told us he feared he had killed Mr. Woodbridge, or mortally wounded him; that he left him at the bottom of the Common, and begged us to repaire there and see if any relief might be given him. Doct. Pemberton and I went, in compy with Mr. Henry Phillips, in search of said Woodbridge, but could not find him, nor make any discovery of the affair. Mr. Phillips left us. I bid him walk in Bromfield's lane. We went to Mr. Woodbridge's lodgings, and severall other houses, but heard nothing of him. Upon our return Mr. H. Phillips was at my house. I dresed his wound, which was across his belly and his fingers. Mr. Phillips shew a great concern and fear of having killed Mr. Woodbridge. I endeavored to appease him, and hope better things; but he said, could he think he was alive, he should think himself a happy man."

"Doct. George Pemberton, sworn, saith that last evening about seven or eight o'clock Mr. Henry Phillips came to the Sun Tavern and informed me, first desiring me to go out wch I did and went to my house, where said Phillips shew me some wounds, and that he had wounded Mr. Benjamin Woodbridge, and feared they would prove mortal--begged of me to repair to the Comon. Accompanied with Dr. Cutler and said Phillips, in quest of said Woodbridge, we went to the Powder house, and searched the ground there, but could make no discovery. Mr. Phillips then left us, and walked towards Mr. Bromfield's lane. Dr. Cutler and I went to Mr. Woodbridge's lodging, and several other places, but could hear nothing of him. We returned and found Henry Phillips, at Dr. Cutler's, who was very greatly concerned; fearing he had killed Mr. Woodbridge. We dressed Mr. Phillips' wounds which were small."

"Capt. John Winslow examined saith that last night being at Mr. Doring's house, Mr. Gillam Phillips, about eleven in the evening, came to me and told me he wanted my boat to carry off his brother Henry, who had wounded or killed a man. I went, by appointment, to Mr. Vardy's where I soon mett Gillam Phillips. I asked him where his brother was--who he had been fiteing with. He made answer I should see him presently. Went down to Colo. Estis Hatche's where Mr. Gillam Phillips was to meet me. I gott there first, knocked at Mr. Hatche's door. No answer. From Mr. Hatche's house Mr. Peter Faneuil and Henry Phillips came into Mr. Hatche's yard--Mr. Gillam Phillips immediately after with Mr. Adam Tuck. I heard no discourse about the man who was wounded. They concluded, and sent Mr.

Henry Phillips to Gibb's wharf. Then Gillam Phillips with me to the long wharf. I took boat there, and went on board my ship, lying in the harbor.

Mr. Phillips (Gillam) being in the bote, I took four of the Ship's crew, and rowed to Gibb's Wharf, where we mett with Mr. Henry Phillips, Peter Faneuil, and Adam Tuck. I came on sh.o.r.e. Henry Phillips and Tuck entred the boat. I understood by discourse with Gillam Phillips, they designed on board his Majestys Ship-Sheerness, Captain James Conrad Comdr. This was about twelve and one of the Clock."

"Adam Tuck of Boston farier, examined upon oath saith, that, about eleven of the clock, last evening, being at Luke Vardy's I understood there had bin a quarril betwene Henry Phillips and Benja. Woodbridge, and that Phillips had killed or mortally wounded Woodbridge. Gillam Phillips Esq.

being there, I walked with him towards Colo. Hatches, where we came up with Capt. Jno. Winslow, and Henry Phillips, and Peter Faneuil. We all went to Gibb's wharf, when we, that is Mr. Gillam and Henry Phillips, with the examinant went on board Capt. John Winslow's boat. We designed, as I understood, to go on board his Majesie's ship Sheerness, in order to leave Mr. Henry Phillips on board the man of War, who, as he told me, had, he feared, wounded a man, that evening on the Comon, near the water side. The person's name I understood was Woodbridge. Soon after our being on board Lt. Pritchard caried us into his apartment, where Gillam Phillips related to the Leut. the rancounter that hapned betwene his brother Henry and Benja. Woodbridge. I took the intent of their going on board the man of War was to conceale Mr. Henry Phillips. We stayed on board about an hour and a half. We left Mr. Henry Phillips on board the Man of War and came up to Boston."

"John Underwood, at present residing in Boston, mariner, belonging to the Pink Molle, John Winslow Comdr. now lying in the harbour of Boston, being examined upon oath, concerning the death or murther of Mr. Benjamin Woodbridge, saith, that about twelve o'clock last night, his Captn John Winslow, with another person, unknown to him came on board. The Captn ordered the boat with four of our hands, I being one, to go to a Wharf at the South end of the Town, where we went, and there the Capt. went on Sh.o.r.e, and two other persons came into the Boat without the Captn. We put of and by the discourse we were designed to go on board the Man of Whar, but by reason of the fogg or thick weather we gott on sh.o.r.e at Dorchester neck, went up to a house and stayed there about an hour and half, then returned to our boat, took in the three persons affore-named, as I suppose, with our crew, and went on board the Man of War, now lying betwene the Castle & Specta Island. We all went on board with the men we took in at the Wharf, stayed there for the s.p.a.ce of an hour, and then came up to Boston, leaving one of the three onley on board, and landed by Oliver's Dock."

"Wm. Pavice of Boston, one of the Pink Molly's crew, examined upon oath, saith as above declared by John Underwood."

"James Wood and John Brown, mariners, belonging to the Pink Molly, being examined upon oath, declare as above. John Brown cannot say, or knows not how many persons they took from the sh.o.r.e, at Gibb's wharf, but is positive but two returned to Boston. They both say they cant be sure whether the Capt. went in the boat from the ship to the sh.o.a.r."

"Mr. Peter Faneuil examined saith, that, last evening, about twelve, he was with Gillam Phillips, Henry Phillips and Adam Tuck at Gibb's wharf, and understood by Gillam Phillips, that his brother Henry had killed or mortally wounded Mr. Benja. Woodbridge this evening, that Henry Phillips went into Capt'n Winslow's boat, with his brother and Adam Tuck with the Boat's crew, where they went he knows not."

Such was the evidence, presented before the examining justice, on the fourth of July, 1728, in relation to this painful, and extraordinary occurrence.

I believe I have well nigh completed my operation, upon Peter Faneuil: but before I throw aside my professional ap.r.o.n, let me cast about, and see, if there are no small arteries which I have not taken up. I perceive there are.

The late Rev. Dr. Gray, of Jamaica Plains, on page 8 of his half century sermon, published in 1842, has the following pa.s.sage--"_The third or Jamaica Plain Parish, in Roxbury, had its origin in the piety of an amiable female. I refer to Mrs. Susanna, wife of Benjamin Pemberton. She was the daughter of Peter Faneuil, who, in 1740 erected and gave to the Town of Boston the far-famed Hall, which still bears his name; and who built also the dwelling house, now standing here, recently known, as late Dr. John Warren's Country seat._"

Nothing could have been farther from the meaning of the amiable Mr. Gray, than a design to cast a reproach, upon the unimpeachable pedigree of this excellent lady. But Peter Faneuil was, unfortunately, never married. He was a bachelor; and is styled "_Bachelour_," in the commission, from John, Archbishop of Canterbury, to Judge Willard, to administer the oath to Benjamin Faneuil, as administrator, on Peter's estate. Peter's estate was divided, among his brother, Benjamin, and his four sisters, Anne Davenport, Susanna Boutineau, Mary Phillips, and Mary Ann Jones. This fact is established, by the original indenture of marriage settlement, now before me, between John Jones and Mary Ann Faneuil, dated the very month of Peter's decease. He had no daughter to inherit. Mrs. Susanna Pemberton had not a drop of the Faneuil blood, in her veins. Her nearest approximation consisted in the fact, that George Bethune, her own brother, married, as I have already stated, Mary Faneuil, Peter's niece, and the daughter of Benjamin. Benjamin occupied that cottage, before he removed to Brighton. He had also a town residence, in rear of the Old Brick Meeting-house, which stood where Joy's buildings now stand.

Thomas Kilby was the commercial agent of Peter Faneuil, at Canso, Nova Scotia, in 1737, 8 and 9. He was a gentleman of education; graduated at Harvard, in 1723, and died in 1740, and according to Pemberton, published essays, in prose and verse. Not long ago, a gentleman inquired of me, if I had ever heard, that Peter Faneuil had a wooden leg; and related the following amusing story, which he received from his collateral ancestor, John Page, who graduated at Harvard, in 1765, and died in 1825, aged 81.

Thomas Kilby was an unthrifty, and rather whimsical, gentleman. Being without property and employment, he retired, either into Maine, or Nova Scotia. There he made a will, for his amus.e.m.e.nt, having, in reality, nothing to bequeath. He left liberal sums to a number of religious, philanthropic, and literary inst.i.tutions--his eyes, which were very good, to a blind relative--his body to a surgeon of his acquaintance, "excepting as hereinafter excepted"--his sins he bequeathed to a worthy clergyman, as he appeared not to have any--and the choice of his legs to Peter Faneuil.

Upon inquiry of the oldest surviving relative of Peter, I found, that nothing was known of the wooden leg.

A day or two after, a highly respectable and aged citizen, attracted by the articles, in the Transcript, informed me, that his father, born in 1727, told him, that he had seen Peter Faneuil, in his garden, and that, on one foot, he wore a very high-heeled shoe. This, probably, gave occasion to the considerate bequest of Thomas Kilby.

The will, as my informant states, upon the authority of Mr. John Page, coming to the knowledge of Peter, he was so much pleased with the humor of it, that, probably, having a knowledge of the _testator_ before, he sent for him, and made him his agent, at Canso.

Peter was a kind-hearted man. The gentleman who gave me the fact, concerning the high-heeled shoe, informed me, upon his father's authority, that old Andrew Faneuil--the same, who, in his will, prays G.o.d, for "_the perfecting of his charities_"--put a poor, old, schoolmaster, named Walker, into jail, for debt. Imprisonment then, for debt, was a serious and lingering affair. Peter, in the flesh--not his angel--privately paid the poor man's debt, and set the prisoner free.

No. Cx.x.xVII.