Abner Cheney Goodell

FOOTNOTES

Transcriber's Notes

This e-book contains extensive passages from 18th Century documents. Spelling, punctuation, hyphenation, and capitalization are preserved as they appear in the original (including "goal" for "gaol"). Macrons over consonants are rendered in brackets with an equal sign, e.g., [=c].

THE TRIAL AND EXECUTION

OF

MARK AND PHILLIS,

In 1755.

It is not surprising that the execution of a woman, by burning, so lately as when Shirley was governor,—a period when the province had greatly advanced in culture and refinement,—should seem to any one incredible. Indeed, even so critical and thorough a student of our provincial history as our late distinguished associate, Dr. Palfrey, once wrote to me inquiring if the rumor of such a proceeding had any foundation in fact, and if so, whether the execution took place according to law, or by the impulse of an infuriated mob. It gave me great satisfaction to be able to settle his doubts on this subject by referring him to the records of the Superior Court of Judicature, where the judgment, from which I shall presently read to you, and a copy of which I sent to him, appears at length.

The subject is important at this day only as serving to define the nature of the "cruel and unusual punishments" prohibited by the thirty-first article of the Declaration of Rights, in our state Constitution, since this mode of punishment, having continued after the adoption of the Constitution, cannot have been considered by the framers of that instrument either as "cruel" or "unusual" in the sense in which they used these words.

The particulars of the crime for which the malefactors, Mark and Phillis, were executed are briefly as follows: Captain John Codman, a thrifty saddler, sea-captain, and merchant, of Charlestown, was the owner of several slaves whom he employed either as mechanics, common laborers, or house servants. Three of the most trusted of these, Mark, Phillis, and Phebe,—particularly Mark,—found the rigid discipline of their master unendurable, and, after setting fire to his workshop some six years before, hoping by the destruction of this building to so embarrass him that he would be obliged to sell them, they, in the year 1755, conspired to gain their end by poisoning him to death.

In this confederacy some five or six negroes belonging to other owners were more or less directly implicated. Mark, the leader, was able to read, and signed his examination, hereafter referred to, in a bold, legible hand. He professed to have read the Bible through, in order to find if, in any way, his master could be killed without inducing guilt, and had come to the conclusion that according to Scripture no sin would be committed if the act could be accomplished without bloodshed. It seems, moreover, to have been commonly believed by the negroes that a Mr. Salmon had been poisoned to death by one of his slaves, without discovery of the crime. So, application was made by Mark, first to Kerr, the servant of Dr. John Gibbons, and then to Robin, the servant of Dr. Wm. Clarke, at the North End of Boston, for poison from their masters' apothecary stores, which was to be administered by the two women.

Essex, the servant of Thomas Powers, had also furnished Mark with a quantity of "black lead" for the same purpose. This was, unquestionably, not the harmless plumbago to which that name is now usually given, but galena, or plumbum nigrum, a native sulphuret of lead, probably used for a glaze by the potters of Charlestown.

Kerr declined to have any hand in the business; but Robin twice obtained and delivered to Mark a quantity of arsenic, of which the women, Phebe and Phillis, made a solution which they kept secreted in a vial, and from time to time mixed with the water-gruel and sago which they sometimes gave directly to their victim to eat, and at other times prepared to be innocently administered to him by one of his daughters. They also mixed with his food some of the "black lead," which Phillis seems to have thought was the efficient poison, though it appeared from the testimony that he was killed by the arsenic.

The crime was promptly traced home to the conspirators; and on the second day of July, the day after Captain Codman's death, a coroner's jury found that he died from poison feloniously procured and administered by Mark. Ten days later, Quaco,—the nominal husband of Phebe, and one of the negroes implicated,—who was the servant of Mr. James Dalton, of Boston, was examined before William Stoddard, a justice of the peace, and on the same day Robin was arrested and committed to jail. The examination of Quaco was followed by the examination of Mark, and of Phillis, later in the month. These last were taken before the Attorney-General and Mr. Thaddeus Mason.

At the term of the "Superiour Court of Judicature, Court of Assize, and General Goal Delivery," held at Cambridge on the second Tuesday of August following, the grand jury found a true bill for petit treason against Phillis, and against Mark and Robin as accessories before the fact. As this is the only indictment for this offence known to have been found in Massachusetts, and was drawn by that eminent lawyer, Edmund Trowbridge, then Attorney-General, it is worthy of being preserved in print, in connection with the coroner's verdict and the examinations of the suspected parties, which are as follows:—

[Coroner’s Inquest.]

[Two-penny
stamp.]Middlesex ss.

An Inquisition Indented, Taken at Charlestown Within the County of Middlesex Aforesaid the Second day of July in the Twenty ninth year of the Reign of our Lord George the Second by the Grace of God, of Great Britain France and Ireland, King Defender of the Faith &c., before John Remington Gentleman one of the Coroners of our said Lord the King, Within the County of Middlesex Aforesaid; upon view of the Body of John Codman of Charlestown Aforesaid Gentleman then and there Being dead by the oaths of Josiah Whitemore, Samuel Larkin, Samuel Larkin Junr. Richard Deavens, William Thompson, Nathaniel Brown, Samuel Kettle, John Larkin, Thomas Larkin, David Cheever, Barnabas Davis, Edward Goodwin, Benjamin Brazier, Samuel Sprague, Richard Phillips, Samuel Hendley and Michael Brigden Good and Lawfull men of Charlestown Aforesaid Within the County Aforesaid; Who being Charg'd and Sworn to Inquire for our said Lord the King, When, and by What means, and how the Said John Codman Came to his Death—upon their Oaths do Say that the said John Codman Came to his death By Poison Procured by his negro man servant Mark Which he took and Languishd untill the first of July Current and then died and so the Jurors Aforesaid upon their oaths do Say, that Aforesaid Mark in manner and Form Aforesaid, the Aforesaid John Codman then and there feloniously did Poison against the peace of our Soverign Lord the King his Crown and Dignity—

In Witness, Whereof, as Well I the Coroner Aforesaid, as the Jurors Aforesaid, to this Inquisition have Interchangeably put our hands and Seals, the day And year Abovesaid.

[Examination of Quaco.]

On the 12th July 1755, was Examined Quacoe a Negro man belonging to Mr James Dalton of Boston Victualler He sd Quacoe says that some time the last winter one Kerr a Negro man belonging to Doctr. Jno Gibbons came to the sd Quacoe & told him that Mark belongg. to Mr Codman had Been wth. him to get some Poyson and the sd. Quaco says that Ker told him that Mark asked the sd. Kerr whither Phoebe had been wth. him for said Poyson. The said Quacoe also says that he Spoke to Phoebe Mr Codman's negro woman whom he called his Wife & told her not to be Concerned with Mark for that she would be Brought into Trouble by him, for that Mark had been wth. Kerr Gibbons to get Poyson, & had askt sd Kerr whither Phoebe had not been wth him for sd Poyson. The sd Quacoe also says that the above discourse wth Phoebe was when they were going to Bed the Saturday night after the discourse had wth. Kerr Gibbons. He also says that he charged her not to be concerned wth. Mark about Poyson on any accot. whatever.

The above Examination Taken on the 12th. July 1755 at Boston

symbol: per Wm Stoddard J Pacis

[Mittimus against Robin.]

Suffolk ss:

To The Keeper of His Majestys Goal in Boston and to the Constables of Boston Greeting—

I herewith Comit to you Mr. Constable Pattin the Body of Robin a Negro man belonging to Dr. William Clarke of the North End of Boston, who is this day Charged wth being Concerned in the Poysoning of the late Mr. John Codman of Charles Town Deceased. Take Care of him and deliver him to The Keeper of His Majestys Goal in Boston; and you the sd Keeper are hereby Commanded to Receive the Body of the Said Robin and him Safely Keep untill he shall be discharged by Due Course of Law,

Given under my hand and Seal at Boston the Twelfth day of July anno Domini 1755 and in the Twenty ninth Year of the Kings Reign.

Wm. Stoddard, Just: Pacis.

[Examination of Phillis.]

Middx ss:

The Examination of Phillis a negro Servant of John Codman late of Charlstown deceased taken by Edmund Trowbridge and Thaddeus Mason Esqrs at Cambridge in the County of Middlesex the 26th. Day of July Anno Domini 1755. And ye 2d of Augt. following—

Questn. Was Mr. John Codman late of Charlstown de[=c]d, your Master?

Answr. Yes he was.

Quest. How long was you his servant?

Answr. He my said Master bought me when I was a little girl and I continued his servant untill his Death.

Questn. Do you know of what sickness your said master died?

Answer. I suppose he was poisoned.

Quest. Do you know he was poisoned?

Answr. I do know he was poisoned.

Quest. What was he poisoned with?

Answr.—It was with that black lead.

Quest. what black Lead is it you mean?

Answr. The Potter's Lead.

Quest. How do you know your sd. master was poisoned with that Lead?

Answr. Mark got some of the said Potter's Lead from Essex Powers and my young mistress Molly found some of the same Lead in the Porringer that my Master's Sagoe was in, he complain'd it was gritty; and that made Miss Molly look into the Porringer, and finding the Lead there, she ask'd me what it was, I told her I did not know.—I cleaned the Skillet the Sagoe was boiled in and found some of the same stuff in the bottom of the skillet that was in the bottom of the Porringer. And presently after Mark was carried to Goal, Tom brought a Paper of the Potter's Lead out of the Blacksmith's Shop, which he said he found there; and I saw it and am sure it was the same with that which Was in the bottom of the Porringer and the Skillet.

Quest. Do you know that any other Poison besides the Potter's Lead was given to your sd master?

Answr. Yes.

Quest. What was it?

Answr. It was Water which was poured out of a Vial.

Quest. How do you know that, that Water was Poison?

Answr. There was a White Powder in the Vial, which Sunk to the Bottom of it.—

Quest. Do you know who put the Powder into the Vial?

Answr. I put the first Powder in.

Quest. Where did you get that Powder?

Answr. Phebe gave it to me up in the Garret, the Sabbath Day morning before the last Sacrament before my master dyed, and Phoebe at the same time told me Mark gave it to her.

Quest. What was the Powder in when Phoebe gave it you?

Answer. It was in a White Paper, folded up Square, both ends being turn'd up, & it was tyed with some Twine.

Quest. How much Powder was there in the Paper?

Answr. There was a good deal of it I believe near an ounce.

Quest. Did you put all that Powder into the Vial?

Answr. No, I put in but a little of it, only so much as lay on the Point of a narrow Piece of flat Iron, with which I put it in, which Iron Mark made & gave it to me to give to Phebe, Mark gave me the sd Iron the Saturday before the Sabbath aforesd. I ask'd him what it was for, he would not tell me; he said Robbin gave him one, and he had lost it; and that he himself went into the shop and made this. I gave the sd Iron to Phoebe that same afternoon, in the Kitchen; and the next morning she gave it to me in the Garret, and Quaco was there with her; she whisper'd to me and told me to take the Paper of Powder which was in the hollow over the Window, and the flat Iron which was with it and put some of it into the Vial with the Iron which I did; and she bid me put some water into it, but I did not; but she afterwards put some in herself, as she told me, and she put it into the Closet in the Kitchen in a Corner behind a black Jug; and the same Vial was kept there untill my master dyed.

Quest. Had your Master any of that Water which was put into the said Vial given to him?

Answr. Yes he had.

Quest. How was it given to him?

Answr. It was poured into his barly Drink and into his Infusion, and into his Chocalate, and into his Watergruel.

Quest. Who poured the Water out of the sd Vial into the Chocalate?

Answr. Phoebe did, and Master afterwards eat it.

Quest. Who pour'd it into his barly Drink?

Answr. I did it myself; I pour'd a drop out of the Vial into the barly Drink, & I felt ugly, and pour'd the Water out of the mug again off from the Barly, and put clean Water into the mug again & cover'd it over that it might boil quick.

Quest. Who pour'd the Water out of the Vial into the Infusion?

Answr. Phoebe did.

Quest. How do you know it?

Answr. I came into the Kitchen and saw her do it.

Quest. Did your master drink the Infusion after that water was so pour'd in?

Answr. He drank one Tea Cup full of it.

Quest. How do you know that Phoebe poured any of the poisoned Water out of the Vial into your Master's Chocalate?

Answr. She told me she had done it.

Quest. When did she tell you so?

Answr. That Same Day.

Quest. Was it before or after your Master eat that Chocalate that the poison'd Water was pour'd into, that She told you so?

Answr. Before he eat it.

Quest. Did you see him eat that Chocalate?

Answr. Yes, I did, he eat it in the Kitchen on a little round Table.

Quest. Who put the Second Powder into the Vial?

Answr. Phoebe put it in; I left Part of the Powder she gave me in the Paper, and she afterwards put that into the Vial as she told me. as I was in the cellar drawing some Cyder, I heard Phoebe tell Mark that the Powder was all out, and all used up;

Quest. When was it that you heard Phoebe tell Mark so?

Answr. The Wednesday before my master dyed.

Quest. Do you know of any more Powder being got to give to your master?

Answer. Yes, but master never took any of it.

Quest. Who got this last Powder?

Answr. Mark got it.

Quest. What did he do with it?

Answr. He gave it to me; in our little House.

Quest. What Sort of Powder was it that Mark gave You?

Answr. I[t?] was white the same as the first.

Quest. What was it in?

Answr. In a Peice of Paper; he had more of that Powder than he gave me, it was in a Paper folded up in a long Square, he tore off Part of that Paper, and put Some of the Powder into it, and gave it to me and kept the rest himself. and at the same time that he gave it to me he told me that Robbin said we were damn'd Fools we had not given Master that first Powder at two Doses, for it wou'd have killed him, and no Body would have known who hurt him, for it was enough to kill the strongest man living; upon which I ask'd Mark how he knew, it would not have been found out, he said that Mr. Salmon's Negros poison'd him, and were never found out, but had got good masters, & so might we.

Quest. What did you do with that Powder which Mark gave you?

Answr. I put it into the Vial, & set it in the Same Place it was in before, there was some of the first Powder & Water remaining in the Vial when I put this last in.

Quest. Do you know that any of the Water that was in the Vial after you put this last Powder in was given to your Master?

Answr. No, he never had a drop of it. The next Day after Master died Mark came into the Closet where I was eating my Dinner and ask'd me for that Bottle. I ask'd him what he wanted it for, and he would not tell me, but insisted upon having it, upon which I told him that it was there behind the Jugg, and he took it and went directly down to the Shop in the yard, and I never saw it afterwards 'till Justice Mason shew it to me, on the Fast Day night.

Quest. Do you know where Mark got that Powder which he gave to you?

Answr. He had it of Robbin, Doctr Clark's Negro; that liv'd with Mr. Vassall.

Quest. How do you know that Mark had that Powder of Robbin?

Answr. The Thursday night before my master died Mark told me he was going over to Boston to Robbin to get some more Powder for he sd: Phoebe told him yt the other was all out; and Mark went over to Boston, and return'd again about nine o'Clock; and I ask'd Mark if he had got it, and he told me no, he had not, but Robbin was to bring it over the next night; and between 8 & 9 o'Clock that next night, a negro Fellow came to me in our Yard & ask'd me for Mark, And I ask'd him his name but he would not tell me, and I said to him, Countryman, if you'l tell me your name I'll call Mark, for I know where he is, but he would not, I then askt him if he was not Robbin Vassall, (for I mistrusted it was he) and upon that he laughed and said his name was not Robbin Vassall, but he came out of the Country and wanted to see Mark very much about his Child; and upon my refusing to tell him where Mark was the negro went away down to the Ferry, and I followed him at some distance & saw him go into the Ferry Boat, and the Boat put off, with him in it. That same Fryday, in the afternoon, Mark told me, if any Negro Fellow shou'd come; & say that he came out of the Country to call him, I ask'd him what negro it was that he expected wou'd come; he told me it was Robbin, and that he was to say that he came out of the Country to speak with Mark about his Child, and bid me tell no Body about it.

Quest. Do you know Robbin Doctr. Clark's negro?

Answr. I do, and have known him for many years.

Quest. How then happen'd it that you cou'd not certainly tell whether the negro aforesd. that askt for Mark was Robbin or not?

Answr. Because it was dark, So dark I cou'd not see his Face so as certainly to know him, but I am fully satisfyed it was Robbin.

Quest. What Reason have you to be satisfyed it was Robbin?

Answr. That same night I told Mark that a negro Fellow had been there and ask'd for him & wanted him, he ask'd me why I did not call him, I told him our Folks called me and I could not, Mark told me he was very Sorry I did not, and asked me if he gave me any Thing, I told him he did not, he said he was very sorry he did not; then I ask'd him who it was, and he said it was Robbin, and then he told me that he thought Robbin & he had been playing blind-mans Buff, for they had been over the Ferry twice that night and mist one another; and that Elijh Phipps & Timo Rand told him that a negro Fellow had been over the Ferry to speak with him about his Child. And then Mark told me he would the next Night go over to Robbin and get some more of the same Powder, and would bring it over on the Sabbath Day, & he went to Boston on the Saturday night, but did not return till Monday morning, when he brought it and gave it to me in the little House, as I told you before.

Quest. Did you see Robbin at Charlstown in the Time of your master's sickness or about the Time of his Death?

Answr. Yes, I saw him on ye Tuesday the Ship was launched, when my master catch'd Mark buying Drink at Mrs Shearman's to treat him with, & drove him away; and I saw him at Charlstown on the Saturday after my Master was buried; but I did not speak with him at either of those Times. The Tuesday he was before our Shop Door, in the Street, with Mark and had a Bag upon his shoulder; and on the Saturday in the afternoon I saw him going up the Street by our House, while Phoebe and I were washing in the back yard; I told Phoebe there was Robbin a going along this minit, and she said is he? and ask'd me what Cloaths he had on; I told her he had a bluish Coat on lined with a straw coloured or yellow lining and the Cuffs open & lined with the said Yellow lining, and that he had a black wigg on; and I told Phoebe I believed he was gone up to Mark to tell him not to own that he had given any Thing to him, and Phoebe said she believed so to; and I went into the street to the Pump with a Pail to get some Water, designing to see whether he went that Way, and I saw him go right up the main street, and I could see him as far up as Mr. Eleazer Phillips's, and I did not see him afterwards. I never see him with a Wigg on before, but as he went by us he look'd me full in the Face and I knew it was Robbin. When I told Phoebe that Robbin was going by, I thought she saw him, but she questioned whether it was he, and I told her I was sure it was he, for I had known him ever since he was a boy, and I told her I would lay a mug of Flip that it was he, but she wou'd not; and then it was that I told her I believed he was gone up to Mark &c.

Quest. Do you know what Powder that was which Mark & Phoebe gave you, and you put into the Vial?

Answr. Mark told me it was Ratsbane, but I told Phoebe I believed Mark lied & that it was only burnt allom, for I told her, that upon taking Ratsbane they would directly swell, and Master did not swell; and she said she believed so to.

Quest. How many Times was any of that Water, which was in the Vial aforesd., put into your master's victuals?

Answr. Not above Seven Times.

Quest. When was the first Time?

Answr. The next Monday morning after Phoebe gave me the first Powder. then it was put into his Chocalate, by Phoebe. The next was also put in to his Chocalate by Phoebe on the next Wednesday morning, and I thinking she put in more than she should, told her her hand was heavy, and there was no more put in, that, I know of till the next Fryday, when Phoebe put some into his Chocalate, and my Master eat the Chocalate all the three times aforesaid in the Kitchen, and I was there & saw him; The next was on the Saturday following, when I put Some into his Watergruel, but I felt ugly and threw it away, and made some fresh, and did not put any into that. The next was on the afternoon of the same Saturday, I made him some more Watergruel & pour'd some of the Water out of the Vial into it, and it turned yellow, and Miss Betty, ask'd me what was the matter with the Watergruel and I gave her no answer; but that was thrown away, and more fresh made, and Miss Molly was going to put the same Plumbs in again, and Phoebe told her not to do it, but she had better put in some fresh Plumbs, and she did; and no Poison was put into that; It was by Phoebe's advice that I put it into the first this afternoon. And he had no more, that I know of 'till the next Monday night, when Mark put some of the Potter's Lead into Masters Sagoe.

Quest. How do you know that Mark put any of the Potter's Lead into the Sagoe?

Answer. When I went out of the Kitchen I left the Sagoe in the little Iron Skillet on the Fire, and no body was in the Kitchen then, but when I returned, Mark was Sitting on a Form in the Corner, and I afterwards found Some of that Lead in the Skillet, and neither Phoebe nor I had any Such Lead.

Quest. Do you know of any other Poison prepar'd for, or given to your Master?

Answr. No, I do not.

Quest. Who was it that first contrived the poisoning your Master Codman?

Answr. It was Mark who first contrived it, He told Phoebe and I that he had read the Bible through, and that it was no Sin to kill him if they did not lay violent Hands on him So as to shed Blood, by sticking or stabbing or cutting his Throat.

Quest. When was it that Mark first proposed the poisoning his Master?

Answr. Some time last Winter; he proposed it to Phoebe and I, but we would not agree to it, and told him No Such Thing should be done in the House; This before my Master brought him home from Boston.

Quest. Did he ever afterwards propose the poisoning his sd Master?

Answr. Yes he did, a Week or a Fortnight after my Master brought him home from Boston, he proposed it to me first, and I would not agree to it, and then he proposed it to Phoebe.

Quet. What Reason did Mark give for poisoning his Master?

Answ. He said he was uneasy and wanted to have another Master, and he was concerned for Phoebe and I too.

Quest. Do you know how your Master's Work house that was burnt down came on Fire?

Answr. Yes I do.

Quest. How came it on fire?

Answr. I set it on fire, but it was thro' Mark's means, he gave me no rest 'till I did it.

Quest. How did you Set your Master's Work House on fire?

Answr. I threw a Coal of Fire into some Shavings between the Blacksmith's Shop & the Work House, and I went away & did not see it kindle.

Quest. Who put the Shavings there?

Answr. Mark did.

Quest. Was any Body concern'd in the burning the Work house besides Mark and you?

Answr. Yes, Phoebe knew about it as well as I.

Quest. Where was Phoebe & Mark when you put the Coal of Fire into the Shavings?

Answr. The were up Garret in bed.

Quest. Who first proposed the Setting the Workhouse on fire? and what reason was given for doing it?

Answr. Mark first proposed it, to Phoebe and I; and the Reason he gave us was that he wanted to get to Boston, and if all was burnt down, he did not know what Master could do without selling us.

Quest. Why did you, when Phoebe pour'd Some of the Water out of the Vial into the Chocalate tell her, "her hand was heavy?"

Answr. I thought she pour'd in too much, more than she should I felt ugly and I wan't willing she shou'd put in so much and that he should be kill'd so quick. Mark's orders were to give it in two Doses, that was the Directions Robbin gave to Mark, as Mark told me, and Mark Said Robbin told him there was no more taste in it than in Cold Water.

Quest. Why did you not tell your Master or some of the Family that Phoebe had poisoned the Chocalate, and thereby prevent your Master's eating it?

Answr. I do not know why I did not tell.

The mark of X Phillis.

[Examination of Mark.]

Middlesex ss:

The Examination of Mark a Negro Servant of John Codman late of Charlstown deceased taken by Edmund Trowbridge & Thaddeus Mason Esqrs. at Charlstown in the County of Middlesex the —— Day of July Anno Dom: 1755.

Quest. What is your name?

Answr. Mark.

Quest. Are you a Servant or Freeman?

Answr. A Servant. Mr. John Codman decd: was my master.

Quest. How long was you his Servant?

Answr. For several Years before & untill his Death.

Quest. Do you know what occasion'd your sd. Master's Death?

Answr. He was poisoned.

Q. What was he poisoned with?

A. With Poison that came from the Doctor's.

Q. What Doctor?

Answr. Doctr. Clark that lives at the North End of Boston.

Q. What sort of Poison was that?

A. It was a White Powder put up in a Paper.

Q. How do you know that that Powder came from Doctr. Clark's?

A. Robbin the Negro Fellow that belongs to Doctr. Clark gave it to me.

Q. When & where did Robbin give you that Powder?

An. A Week Day night, at his Master's Barn.

Qu. Was there any Person present with you when Robbin gave you that Powder?

An. No. The first Time, the negro man his fellow Servant called him out, it was in the Evening near 9 o'Clock.

Qu. How many Times had you such Powder of Robbin?

An. Twice only.

Qu. When was the last Time you had any such Powder of him?

An. The Sabbath Day night before my sd. Master died, in the Evening after Candle Light.

Qu. Where was it you had this last Powder of him, and what was it in?

An. He gave it to me in the same Barn, it was done up in a long square in two Papers, the outtermost Paper was brown and the inermost Paper was White, as the other was.

Qu. What did Robbin give you these Powders for?

An. To kill three Pigs belonging to Quaco as Phoebe told me.

Qu. How long ago was it Since Robbin gave you the first of these Powders?

An. I can't certainly tell.

Qu. Was it before Robbin & you were together at John Harris ye Potters Work house?

Ansr. I think it was before.

Qu. How long before was it?

Ansr. About a Week before.

Qu. Did you pay Robbin any Thing for these Powders?

An. No. I did not.

Q. What did you do with them?

Ans. Phoebe had the first; and she sent Phillis for the second and I gave it to her.

Qu. When & where did you give Phoebe the first Paper of that Powder?

An. In our Garret; the same night I brought it over.

Qu. Was any Body there when you gave it to her?

An. No.

Qu. What did she do with it?

An. She took it & put it upon the Table.

Qu. Did you give her the whole of the Powder you had of Robbin the first Time?

An. Yes. I gave her the Paper with all the Powder in it, as I received it of Robbin.

Qu. Did you tell her what was in the Paper?

An. No. She knew what was in it; for she told me what to get.

Qu. What did she tell you to get?

An. Something to kill three Pigs.

Qu. Did Robbin give you any Directions how to use that Powder, and tell you what Effect it would have?

Ans. He told me to put it into about 2 Quarts of Swill or Indian meal, and it would make 'em swell up.

Qu. Did you tell her how she must use the Powder? or what Effect it would have?

Answr. yes I told her as Robbin told me.

Qu. Do you know whether she used that Powder or any Part of it?

Answr. no otherwise than as Phoebe & Phillis told me Since my master's Death.

Qu. Who did you give the Second Paper of Powder to?

An. To Phillis.

Qu. When & where did you give that Paper of Powder to Phillis?

Ans. In the little House; She came to empty a Pot over the Wharffe, and I gave it to her, The Monday before my sd. Master died, after Breakfast in the Forenoon.

Qu: Did you then give her all the Powder you recd. of Robbin the Second Time?

Ans. Yes. I took off the brown Paper and gave it to her in the white Paper, that it was in, when Robbin gave it to me.

Qu. What did she do with it?

Answr. She caried it into the House to Phoebe as Phillis told me, She came to me & told me Phoebe sent her for that Thing that She sent me for, and thereupon I gave Phillis the Paper.

Qu: How was your Master poisoned with these Powders?

Answr. Phoebe & Phillis told me that they used them for that End.

Qu: When did they tell you this?

Answr. The next Day after my master died.

Q: Were they together when they told you So?

Answr. No, Phillis told me of it first, and said that Phoebe used all that I brought first, that Way; and that the last was used so too by her and Phoebe; and then I went to Phoebe and ask'd her about it, and She denyed it at first but when I told her that Phillis had told me all about it, then she owned it.

Quest. Had you no Reason before your sd. master dyed to think that the Powders you had of Robbin were given to your master or that he was poison'd therewith?

Answr. No other Reason than hearing Phoebe the Saturday night before master died ask Phillis, if she had given him enough, to which she replyed, yes. I have given him enough, and will stick as close to him as his shirt to his back; but who she meant I did not then know, nor untill after master died.

Quest. Was there no Discourse had between you Phoebe & Phillis about getting more Poison, after you had the first, of Robbin?

Answ. The Fryday before my master died Phoebe told me that she had lost that stuff that I had brought to her from Robbin, and desired me to get her some more. I told her I wou'd when I went over to Boston; this was in the Forenoon, when she was washing in the back yard.

Quest. Did you get her any more of Robbin?

Ansr. Yes, and that was it which I gave to Phillis

Quest. When did you go over to get the last Poison?

Ans. on the Saturday night before my master died; I went over after Sunset; I went directly to Robbin; & told him I wanted some of the same I had of him before for that was lost, Robbin was then at the Corner of his master's House out in the street, he told me he could not get any then, but if I wou'd come on the Sabbath Day night he would let me have some, and I went to him on the Sabbath Day night after Candle Light, and he then gave it to me.

Quest. Was there any Body with you on the Saturday night when you ask'd for the Poison, or do you know whether any Person saw you & Robbin together that Evening?

Answr. No, nobody was there, and I dont know that any Body saw us together that Evening.

Quest. How long was you with Robbin at Mr. Harris's Work house?

Answr. I made no tarry there, but left him at the Pot house, and he and the young man that was with him followed me and overtook me a little below Mr. Waite's Slaughter house; And they went with me into the Lane leading from the market Place to the long Wharffe near Mrs. Shearman's, while I went into Mrs. Shearmans and got a mug of Toddy, in the mug I brought from Mr. Harris's Work house, and I carried it to them and they both drank with me.

Quest. Had you any Discourse with Robbin in private or between you and him alone that Day?

Ansr. No, none at all.

Quest. Where did you drink the Toddy?

Answr. In the Lane aforesd.

Quest. Where did you all go after you drank the Toddy?

Answr. We all came away together & went thro' Mr. Sprague's Yard & so thro' Mrs. Silence Harris's yard & Entry into the street. and they went directly down to the Ferry and I went into my master's Yard with the Pots I brought from the Potters Work house.

Quest. Did you then go with them to the Ferry or nearer to it than your master's House?

Answr. No, I did not.

Quest. Did Robbin give you, or did you give Robbin any Thing between the Time of your coming out of Mr. Harris's Entry and his going over the Ferry?

Answr. No, I did not give him any Thing neither did he give me any Thing.

Quest. After you had parted with him when you came thro' the Entry, did you call him back?

Answr. No, I did not.

Quest. Did your master that Day forbid Mrs Shearman's letting you have any more Drink?

Answr. Yes, my master told her not to sell any Drink to any of his Servants.

Quest. Did Robbin know of it?

Answr. Not that I know of; he see master go into Mrs. Shearman's Shop, and pass'd by Robbin in the Lane as Robbin told me.

Quest. Did you ever apply to any body else, besides Robbin for Poison?

Answr. No, only to Carr, Doctr. Gibbon's negro man, and then Phoebe sent me for it. She had been with Carr before on the same account, & he told her he cou'd not get her any then, as she told me;

Quest. Did you get any Poison of Carr?

Ansr. No, he told me he wou'd not let me have any, untill he had seen Quaco, and did not know whether he shou'd then or not, and I never went to him afterwards.

Quest. Did you never ask Doctr. Rand's Cato for any Poison?

Answr. No, I do not know that I ever did, in the World.

Quest. Had you and Phoebe any Conversation together about your master in or near your Blacksmith's Shop or in the yard the Monday before your master died?

Answr. I had not, that I know of.

Quest. Did you that Day before Tom or any other of your master's Servants say that you knew that your master would dye or utter any Words to that effect?

Answr. No, I did not. The Day before master dyed, Phoebe came into the Shop to dress Tom's Eye & got to dancing & mocking master & shaking herself & acting as master did in the Bed; And Tom said he did not care, he hop'd he wou'd never get up again for his Eye's sake, and Scipio was there at the same time and saw her.

Quest. Did you ever Say that your master had been offer'd £400 for you but wou'd not take it, and now he shou'd not have a farthing or Words to that effect?

Answr. No I never said any such Thing. Mark.[1]

Quest. Did you ever tell Phoebe or Phillis that the Week before your master dyed, that you went over the Ferry to see Robbin to get some more Poison, and that he came over the Ferry in another Boat and so you mist each other and that he Robbin pretended to the Ferry-man that he was a Country negro and wanted to see you about your Child, or Words to that Effect?

Answr. I never told them or either of them so.

Quest. How came that Viall buried near your Forge in the Black-Smith's Shop, that you told Mr. Kettell of, and he found there?

Answr. I buried it there.

Quest. When did you bury it there?

Answr. In the afternoon of that Day that master dyed.

Quest. Where did you get that Vial?

Answr. I took it from Phillis that same Afternoon.

Quest. Did any body see you take it from her?

Answr. No. When I took it from Phillis she own'd that Phoebe had given the first Poison that I brought to master; and that she and Phoebe had given him all the Rest saving what was then in the Bottle. and thereupon I went to Phoebe and charged her with it, she at first deny'd it, but at last own'd it it and begg'd me to say nothing about it; I told her if I had known she wou'd have put it to that use I would not have got it for her; then I call'd Pompey to go down to the shop with me for I wanted to speak with him, intending to shew him the Vial, and he came into the shop but before I had an opportunity to speak to him Mr. Kettell took me.

Quest. Where was the Vial when you talked with Phoebe as aforesd?

Answr. I had it in my Pocket, and told her so, then I went into the shop and buried it, then I went into the House immediately to call Pompey to shew it to him.

Quest. Why did you bury the Vial before you called Pompy? or shew it to any body?

Answr: I buried it because I did not want any body should see it before I shewed it to him.

Questn. Have you lately had any Potters powder'd Lead by you or in your Possession?

Answr. Only that I had from Essex Powars; which was as I suppose ground to Powder.

Quest. When did you get that powder'd Lead of Essex?

Ansr: I had it of him that Day I went there for six butter Pots, which my master's son Isaac sent me for.

Quest. What did you get that Lead for?

Answr. To see if it would melt in our Fire. upon a Dispute between Tom and I about it; Tom said it would melt, and I told him I did not believe it would; I carried it home and laid it upon the Wall Plate in the Blacksmith's shop, and I never moved it afterwards or thought any Thing about it, 'till it was show'd to me by the Justice.

Quet. Do you know that any Part of that Lead you had of Essex or any Lead like unto it was given to your master or put into his Victuals or Drink?

Answr. I do not.

Quest. Do you know of any Proposal made of poisoning your master?

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 Saturday 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.]

The Jurors for the said Lord the King upon their Oath present That Phillis a Negro woman of Charlestown in the County of Middlesex Spinster Servant of John Codman late of Charlestown aforesaid Gentleman not having the Fear of God 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 Arsenick 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 space 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.

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, associate 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]

Mark and Phillis were convicted, and sentence of death was pronounced 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 Middlesex, 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:—

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 Essex 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 Assize 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.]

Middlesex 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.

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

To appear before our Justices of our Superiour Court of Judicature Court of Assize & General Goal Delivery now holden at Cambridge within and for said County Tomorrow morning at Eight of ye Clock before noon Then and there to give Such Evidence in our Behalf as you know against Mark a Negro man & Phillis a Negro woman both of Charlestown in our County of Middlesex—

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

Anno Regni Regis Georgii secondi MagnÆ BritanniÆ FranciÆ HiberniÆ vicesimonono.