_Answ._ No, I do not, nor ever heard any such Thing proposed by any Body.

_Quest._ Do you know of any Cushoe nuts being procured for that Purpose?

_Answr._ No; I have not seen a Cushoe nut since I have been in this Country.

_Quest._ Do you know of any Copperas or Green stuff being provided for that Purpose?

_Answr._ No I do not.

_Quest._ What Time on the Sat.u.r.day before your master dyed was it that you heard Phoebe ask Phillis, if she had given him enough, and Phillis said she had, and would stick as close to him as his Shirt to his Back?

_Answr._ In the afternoon about Dark; and before I went to Boston.

_Quest._ How came you, after you had heard this Talk between Phoebe and Phillis, to get her sd. Phoebe more Poison?

_Answr._ I did not know what she meant by their Talk, nor who they meant, by him.

_Quest._ Did you tell Carr that Phoebe sent you for that Poison you applyed to him for?

_Answr._ She did not tell me it was Poison, but told me to ask Carr for that Thing he had promised her; he said he knew what it was and would not send it, 'till he had talked to Quaco, and did not know that he should send it afterwards; and I said no more to Carr about it.

_Quest._ Did you ever ask Carr at any other Time for Poison?

_Ansr._ No.

_Quest._ Did you never ask him for something to Poison or kill a Dog?

_Answr._ No, not that I know of.

_Quest._ Was you ever bit by a Dog?

_Answr._ No. I never was.

_Quest._ Do you know any Thing more of your master's being poisoned than you have before related?

_Ansr._ No, I do not.

MARK.

[_Bill of Indictment._]

[Sidenote: MIDDLEs.e.x ss.]

At His Majesties Superiour Court of Judicature Court of a.s.size and General Goal Delivery held at Cambridge in and for the County of Middles.e.x on the first Tuesday of August in the Twenty ninth Year of the Reign of George the Second by the Grace of G.o.d of Great Britain France & Ireland King Defender of the Faith &c.

The Jurors for the said Lord the King upon their Oath present That Phillis a Negro woman of Charlestown in the County of Middles.e.x Spinster Servant of John Codman late of Charlestown aforesaid Gentleman not having the Fear of G.o.d before her Eyes but of her Malice forethought contriving to deprive the said John Codman her said Master of his Life and him feloniously and Traiterously to kill and murder, She the said Phillis on the thirtieth Day of June last at Charlestown aforesaid in the Dwelling house of the said John there did of her Malice forethought willfully feloniously and Traiterously put a Deadly Poison called a.r.s.enick into a Vial of water and thereby did then and there Poison the same Water----and that the said Phillis knowing the Water aforesaid to be so poisoned did then and there feloniously willfully traiterously and of her Malice forethought put one spoonfull of the Same Water so poisoned into a Pint of the Said John's Watergruel and thereby poison the Same Watergruel----And that the said Phillis did then and there of her malice forethought feloniously willfully and traiterously in manner as aforesaid poison the Watergruel aforesaid, with a felonious and Traiterous Intent and Design that the said John her said master then being should then and there eat the Same Watergruel so poisoned and thereby be poisoned killed & murdered----And that one Elizabeth Codman not knowing the Watergruel aforesaid to be so poisoned then and there Innocently gave the Same Watergruel so poisoned as aforesaid to the said John to eat--

And that the said John then and there being the said Phillis's Master and being altogether ignorant of the Watergruel aforesaid's being poisoned as as[2] aforesaid and Suspecting no Evil did then and there eat the same Watergruel so poisoned as aforesaid----And that the said Phillis then and there was feloniously and traiterously present with the said Elizabeth & John knowing of and consenting unto the said Elizabeth's giving him the said John the Watergruel aforesaid so poisoned as aforesaid and his eating the same as aforesaid----And that the said John by means of his eating the Watergruel aforesaid so poisoned as aforesaid There Languished for the s.p.a.ce of fifteen Hours and then at Charlestown aforesaid Died of the Poison aforesaid given him as aforesaid----And So the Jurors aforesaid upon their Oath say that the said Phillis did at Charlestown aforesaid of her malice forethought in manner and form aforesaid willfully feloniously and traiterously poison kill & murder the said John Codman her said master against the Peace of the said Lord the King his Crown & Dignity.

[Footnote 2: _Sic._]

And the Jurors aforesaid upon their Oath further present That Mark a Negro man of Charlestown aforesaid Labourer and Servant of the said John Codman. And Robbin a Negro man of Boston in the County of Suffolk Labourer & Servant of John Clark of Boston aforesaid Apothecary before the said Treason and murder aforesaid committed by the said Phillis in manner & form aforesaid did at Charlestown aforesaid on the twentieth Day of June last of their malice forethought (the said Mark then being Servant of the said John Codman) feloniously & traiterously advise & incite procure & abet the said Phillis to do and commit the said Treason & Murder aforesaid against the Peace of the said Lord the King his Crown and Dignity.

EDM TROWBRIDGE _Attr [Symbol: Per] Dom Rege._

This is a True Bill.

CALEB DANA _foreman_.

The case was tried, at the same term at which the parties were indicted, before Stephen Sewall, chief justice, and Benjamin Lynde, John Cushing, and Chambers Russell, a.s.sociate justices,--all fairly read in the law, and the Chief Justice eminent in his profession.

Samuel Winthrop and Nathaniel Hatch, jointly, were clerks of the court.[3]

[Footnote 3: This is a.s.sumed to be the case, since both these clerks officially signed papers in this very case, though, from the loose custom which gradually obtained with the clerks of our highest judicial court, of not recording their appointments, it is impossible to verify this statement by the record. Samuel Tyley, Jr., and Benjamin Rolfe were sworn in as joint clerks of this court, Feb. 26, 1718, and Samuel Winthrop was clerk as early as June, 1745, and Nathaniel Hatch as early as September, 1752.]

Mark and Phillis were convicted, and sentence of death was p.r.o.nounced upon them in strict conformity to the common law of England. On the 6th of September, a warrant for their execution was issued, under the seal of the court, commanding Richard Foster, Sheriff of Middles.e.x, to perform the last office of the law, on the 18th of the same month; and upon this warrant the sheriff made return upon the day of the execution.

The subpoenas to the witnesses against the accused, the caption and conclusion of the record of the case, and the warrant for the execution of the condemned are as follows:--

PROVINCE OF THE } _George the Second by the Grace of G.o.d of Great Ma.s.sACHUSETTS BAY, } Britain France & Ireland King Defender ss. } of ye Faith &c._

To the Sheriff of our County of Middles.e.x his under SEAL. Sheriff or Deputy or to any Constable of the Town of Charlestown within Said County, Greeting--

We Command you That you Su[=m]on Wm. Brattle Esqr Docter Pinchin of Boston Joseph Rand Junr. Hatter Bartholomew Powers Isaac Rand Phisitian Wm. Kneland, Benjn. Codman Parnel Codman Elizh.

Codman Mary Codman Ann Codman Catherine Codman, Pompey Thomas Cuffee and Scipeo negro servants that were Jno. Codman Decd. James Kittle Wm. Foster Phisitian Ess.e.x Servant to thomas powers Servt. of Dr. Rand Dinah Servt. of Richd. Foster Esqr Ruth Adams

To appear Before our Justices of our Superiour Court of Judicature Court of a.s.size and General Goal Delivery now held at Cambridge within & for said County tomorrow at Eight of ye Clock before noon to give Such Evidence in our Behalf (as you know) against Mark a Negro man & Phillis a Negro woman both of Charlestown aforesaid--

Hereof fail not and so soon as may be make return of this Writ with your Doings Therein into the same Court Witness Stephen Sewall Esq. at Boston the sixth Day of August in the twenty ninth year of our Reign Annoq. Domini 1755

SAML WINTHROP _Cler_

[_Endorsed Return._]

MIDDLEs.e.x ss. August 7, 1755

We have somoned the persons within named to appear & Give Evidence at the time & place within mentioned.

JAMES KETTELL, _Dept Sheriff_, & JOHN MILLER _Constabel_.

PROVINCE OF THE } _George the Second by the Grace of G.o.d of Ma.s.sACHUSETTS BAY ss } Great Britain France & Ireland King Defender of the Faith &c._

To the Sheriff of our County of Suffolk his under Sheriff SEAL. or Deputy or to any Constable of the Town of Boston in sd. County Greeting

We Command you that you Summon The Wife of Ichabod Jones Eliza.

Mercy Car, a negro man servant of John Gibbins Apothecary Quaco the servt. of ---- Dalton Quaco a Negro man belonging to mr. John White