The Trial and Execution, for Petit Treason, of Mark and Phillis, Slaves of Capt. John Codman

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 Phœbe 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 Phœbe 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, Phœbe 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 Phœbe 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 Phœbe had given the first Poison that I brought to master; and that she and Phœbe had given him all the Rest saving what was then in the Bottle. and thereupon I went to Phœbe 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 Phœbe 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 Phœbe 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 Phœbe and Phillis, to get her sd. Phœbe 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 Phœbe 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 as² 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 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 subpœnas 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