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 shore. 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 Shore, 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 shore 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 space 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 shore, 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 shoar.”

“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 apron, 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 passage—“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 amusement, having, in reality, nothing to bequeath. He left liberal sums to a number of religious, philanthropic, and literary institutions—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 God, 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.