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, Mass., 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 illustrative 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 bloody 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 assisted. 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, Saturday Madam Phillips arrives; mane.” The explanation of these two last entries is at hand. Jean Faneuil of Rochelle had, doubtless, written, either to his brother AndrÉ, 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 Rochelle. 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 documents before me. The first of these is the account, rendered by Jean Faneuil, to Gillam Phillips, in Jean’s own hand—“Deboursement 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, AggregÉ au College Royal des Medicins de la Rochelle” 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 document, 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 assembled, 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 space 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 God’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 assist, 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.