Bermuda Court of Assize Records
3-5 June 1734
AZ102/6 (microfilm), page 416-417, 423-424, 428-429 (only a few pages available to the transcriber are presented here):
page 416-417:
Bermuda alis Somer IslandsAtt his Majesties Court of Assize, Oyer and Terminer, General Gaol Delivery and Comon pleas held for these Islands at the Sessions House in the Town of St Georges on Monday the third day of June 1734.
Before the Honble William Outerbridge Esqr Chief Justice, John Darrell & Nathaniel Bascome Esqrs, Assistant Judges of the said Court.
George Tucker Esq Provost Marshall, gent, Thomas Bostock Clerk & John Roberts Cryer of ye court.
The court being calld & satt: His Excell'cy the Governors commission, under the publick seal of these Islands directed to Nathaniel Bascome Esq therein appointing and authorising him assistant judge of the Court aforesaid, in the room of Moor Darrell Esq deceased; was read by the Clerk of the Court; as also hs sd Excellencies proclamation for suppressing vice.
Then was return'd by the provost marshall the general panel of jurors which were sent into the Secretaries Office, by the respective Justices, which were call'd over, and answer'd to by the Jurors, except two excused, and one lame. Whose names were as follows (viz't)
St Georges Parish | Devon Tribe | Warwick Tribe | Hamilton Tribe | Pembrooke tribe |
Capt Nath:ll Owen | Capt Peasley Place | Mr Benjamin Tucker | Capt Rich'd Somersall | Mr John Pitt senr |
Mr Joseph Wright | Mr John Tucker jnr | Mr Samuel Darrell | Mr Joseph Gilbert jnr | Mr Jeffrey Whitney |
Mr John Coulson | Mr Thomas Peniston jnr | Mr Joseph Burt | Mr Tho:s Patton | Mr Robert Robinson |
Capt Sam'uel Burtt | Mr John Ford | Mr Joseph Baisden | Mr Ed:w Pearman | Mr Nath'll Troutt |
Mr John Cox jnr | Mr Joseph Hill | Mr John Ffrith | Mr John Hubbard | Mr Cornelius Hinson jr |
Mr John Nicholson | Mr Francis Peniston | Mr Daniel Tucker | Mr Stephen Outerbridge | Mr Edw Dunscome |
Paget Tribe | Sandys Tribe | Southamton Tribe | Smiths Tribe |
Mr Benja: Dill | Capt Peter Mallory | Mr Daniel Durham | Mr Nicholas Spencer |
Mr Daniel Smith | Mr George Tucker snr | Mt Tho:s Gilcrist | Mr John Tucker |
Mr David Tynes | Mr Perient Willis | Mr Samuel Conyers | Mr John Spencer |
Mr Samuel Smith | Mr Will'm Seymour senr | Mr Joshua Hill | Mr Robert Gibbins |
Mr Thomas James | Mr Solomon Saltus | Mr Will:m Tucker | Mr George Smith |
Mr Thomas Prudden | Mr Florentius Burrows jnr | Mr Samuel Dickinson | Mr Will'm Peniston |
There was a Grand Jury impannelled and sworn.
Mr Benjamin Tucker foreman | Mr John Pitt senr | Mr John Hubbard |
Mr Tho:s Patton | Mr Benja: Dill |
page 423-424:
And Appleby's account amounting to ffive pounds, nine shillings & four pence proved by the oath of Bethia his wife, judgement passed for the plantiff against the defend't for the said sum of L5:9:4 with costs of suit.
Nes call'd &c (viz't)
Robert White of Southamton tribe Esq against Timothy Taylor of Pagets tribe mariner & Sarah his wife def't.
An Action on the case upon assumption to the damage of the said plantiff nineteen pounds currant money.
Declaration read and no plea filed & neither the defend't nor any persons on their behalf appear'd to deffend the same (altho duty call'd) and the sum of fifteen pounds eleven shillings seven pence proved by the oath of the plantiff, judgement passed for the plantiff against the defend't for the sd sum of L15:11:7 with costs of suit.
Next call'd &c.
John Darrell of Devon Tribe Esq against John Fford of the same mariner defend't
An Action on the case upon assumption to the damage of the sd plantiff ffive pounds currant money.
And the action not exceeding ffive pounds, no declarations nor plea was filed. But issue joyn'd by consent of plantiff and def't. And the following Jury impannelled & sworne. (viz't)....
Capt Peter Mallory foreman | Mr Joseph Wright | Mr Nath'll Trout | Mr Edw: Dunscome |
Mr John Cox jnr | Mr Will'm Peniston | Mr Joseph Baisden | Capt Sam'll Burtt |
Mr Edward Pearman | Mr Jeffory Whittney | Mr Joshua Hill | Mr George Smith |
Who were all duly sworn well and truly to trye the issue &c Then the plantiff produced the defend't John Fford's receipt, in the following words -
Received of John Darrell one more which I promise to dispose off to the best advantage I can, and make returns to him in Bermuda of two thirds of the produce as he shall direct; by the first convenient opportunity, the dangers of the seas and mortality only excepted this second day of Novem'br 1732. John Fford
The defend't Fford owned he sold the mare for seventeen pieces of eight and half, but was at some charge (as he says) and lost some part of the money the mare sold for which was taken from him by the Spanyards when he was taken by them, but does not say nor prove how much nor had he any opportunity to send home the money.
An after both parties had said as much as they pleased the Jury withdrew to consider thereof. Sam'll Mills jnr Door Keeper
Then the Court adjourn'd till next morning.
page 428-429:
...on the part of the prisoner.
It was alleig'd by Mr Daniel Seymour Council for the prisoner, that it is not murder where it is not malice pr premiditate, but manslaughter, & hath benefit of Clergey, and severall substantial authors were produced and read to prove it.
And Lieu't Allexander Kerron and Ensign William Mitchell, and several others appear'd and gave a very good character of John Walker the prisoner, and said he allways behaved himself very well, both at the Island of New Providence when there, and sine at Bermudas.
And after the Attorney Gen'll and all concerned had said as much as they saw fitt, on behalf of the King and prisoner, the Court gave charge to the Jury, and they withdrew to consider thereof.
In the afternoon &c June 5th.
The jury for life and death, Capt Peter Mallory, foreman, and his Jury came into Court, and being call'd over declared themselves agreed, and their foreman to speak for them.
And by the clerk of the Court asked (viz't) how say you Gen'mn men of the Jury, is John Walker the prisoner at the Barr guilty or not guilty of what he has been indicted for and stands arraigned, answer'd by the foreman (Guilty) and so say all the Jury.
And thereupon the prisoner was return'd to Gaol.
Then was call'd to tryall the action following (viz't)
Benjamin Wood of Pembrooke Tribe Gent: against David Burch of the town of St George mariner defend't.
An action of debt for ffive pounds currant money &c. And the action not exceeding ffive pounds, no declaration was filed, but by consent of both parties issue was joyn'd, adn a jury return'd. (viz't)
Capt Nath'll Owen foreman | Mr Joseph Wright | Mr Joseph Baisden | Mr Daniel Tucker |
Mr John Cox jnr | Mr George Smith | Mr Joshua Hill | Mr Geoffry Whitney |
Mr Edw: Pearman | Mr John Fford | Mr Will'm Peniston | Capt Samuel Burtt |
who were all duly sworn to trye the issue.
Thomas Burton Esq appear'd for ye plantiff & Mr Daniel Seymour for ye defend't.
David Burch the defend'ts receipt to the pl't was produced and read for delivery of two barrels of pork to the def't and Benja: Wood the pl't being sworn, declared the two barrels of pork were his proper goods. And they having nothing more to say, the Jury withdrew. Jeremiah Higgs Door keeper
Then the Court adjourn'd till afternoon.
In the afternoon the Court satt.
And the Jury (Capt Nathaniel Owen foreman, Wood vs Burch) came into Court and declared themselves agreed, and by their foreman returned the following verdict (viz't) (We find for the defend't, the plan't to pay costs)
And the judgement of the Court passed upon the verdict and was enter'd accordingly....
(end of copy)