The grand jury were called. The following persons appeared, and were sworn-viz.:
- At a Supreme Court of judicature held for the province of New York, at the city-hall of the city of New York, on Tuesday, April 21, 1741-Present, Frederick Philipse, esq. Second justice; Daniel Horsmanden, esq. third justice.
Mr. Robert Watts, merchant, foreman; Messrs. Jeremiah Latouche, Joseph Read, Anthony Rutgers, John M'Evers, John Cruger, jun. John Merritt, Adoniah Schuyler, Isaac De Peyster, Abraham Keteltass, David Provoost, Rene Hett, Henry Beekman, jun. David Van Horne, George Spencer, Thomas Duncan,Winant Van Zant, merchants.
Mr. Justice Philipse gave the charge to the grand jury, as followeth:
Gentlemen of the grand jury,
It is not without some concern, that I am obliged at this time to be more particular in your charge, than for many preceding terms there hath been occasion. The many frights and terrors which the good people of this city have of late been put into, by repeated and unusual fires, and burning of houses, give us too much room to suspect, that some of them at least, did not proceed from mere chance, or common accidents; but on the contrary, from the premeditated malice and wicked pursuits of evil and designing persons; and therefore, it greatly behoves us to use our utmost diligence, by all lawful ways and means to discover the contrivers and perpetrators of such daring and flagitious undertakings: that, upon conviction, they may receive condign punishment; for although we have the happiness of living under a government which exceeds all others in the excellency of its constitution and laws, yet if those to whom the execution of them (which my lord Coke calls the life and soul of the law) is committed, do not exert themselves in a conscientious discharge of their respective duties, such laws which were intended for a terror to the evil-doer, and a protection to the good, will become a dead letter, and our most excellent constitution turned into anarchy and confusion; every one practising what he listeth, and doing what shall seem good in his own eyes: to prevent which, it is the duty of all grand juries to inquire into the conduct and behaviour of the people in their respective counties; and if, upon examination, they find any to have transgressed the laws of the land, to present them, that so they may by the court be put upon their trial, and then either to be discharged or punished according to their demerits.
I am told there are several prisoners now in jail, who have been committed by the city magistrates, upon suspicion of having been concerned in some of the late fires; and others, who under pretence of assisting the unhappy sufferers, by saving their goods from the flames, for stealing, or receiving them. This indeed, is adding affliction to the afflicted, and is a very great aggravation of such crime, and therefore deserves a narrow inquiry: that so the exemplary punishment of the guilty (if any such should be so found) may deter others from committing the like villainies; for this kind of stealing, I think, has not been often practised among us.
Arson, or the malicious and voluntary burning, not only a mansion house, but also any other house, and the out buildings, or barns, and stables adjoining thereto, by night or by day, is felony at common law; and if any part of the house be burned, the offender is guilty of felony, notwithstanding the fire afterwards be put out, or go out of itself.
This crime is of so shocking a nature, that if we have any in this city, who, having been guilty thereof, should escape, who can say he is safe, or tell where it will end?
Another Thing which I cannot omit recommending to your serious and diligent inquiry, is to find out and present all such persons who sell rum, and other strong liquor to negroes. It must be obvious to every one, that there are too many of them in this city; who, under pretence of selling what they call a penny dram to a negro, will sell to him as many quarts or gallons of rum, as he can steal money or goods to pay for.
How this notion of its being lawful to sell a penny dram, or a pennyworth of rum to a slave, without the consent or direction of his master, has prevailed, I know not; but this I am sure of, that there is not only no such law, but that the doing of it is directly contrary to an act of the assembly now in force, for the better regulating of slaves. The many fatal consequences flowing from this prevailing and wicked practice, are so notorious, and so nearly concern us all, that one would be almost surprised, to think there should be a necessity for a court to recommend a suppression of such pernicious houses: thus much in particular; now in general.
My charge, gentlemen, further is, to present all conspiracies, combinations, and other offences, from treasons down to trespasses; and in your inquiries, the oath you, and each of you have just now taken will, I am persuaded, be your guide, and I pray God to direct and assist you in the discharge of your duty.
Court adjourned until to-morrow morning ten o'clock.
The grand jury having been informed, that Mary Burton could give them some account concerning the good stolen from Mr. Hogg's, sent for her this morning, and ordered she should be sworn; the constable returned and acquainted them, that she said she would not be sworn, nor give evidence; whereupon they ordered the constable to get a warrant from a magistrate, to bring her before them. The constable was some time gone, but at length returned, and brought her with him; and being asked why she would not be sworn, and give her evidence? she told the grand jury she would not be sworn; and seemed to be under some great uneasiness, or terrible apprehensions; which gave suspicion that she know something concerning the fires that had lately happened: and being asked a question to that purpose, she gave no answer; which increased the jealousy that she was privy to them; and as it was thought a matter of the utmost concern, the grand jury was very importunate, and used many arguments with her, in public and private, to persuade her to speak the truth, and tell all she knew about it. To this end, the lieutenant governor's proclamation was read to her, promising indemnity, and the reward of one hundred pounds to any person, confederate or not, who should make discovery, etc. She seemed to despise it, nor could the grand jury by any means, either threats or promises, prevail upon her, though they assured her withal, that she should have the protection of the magistrates, and her person be safe and secure from harm; but hitherto all was in vain: therefore, the grand jury desired alderman Bancker to commit her; and the constable was charged with her accordingly; but before he had got her to jail, she considered better of it, and resolved to be sworn, and give her evidence in the afternoon.
Accordingly, she being sworn, came before the grand jury; but as they were proceeding to her examination, and before they asked her any questions, she told them she would acquaint them with what she knew relating to the goods stolen from Mr. Hogg's, but would say nothing about the fires.
This expression thus, as it were providentially, slipping from the evidence, much alarmed the grand jury; for, as they naturally concluded, it did by construction amount to an affirmative, that she could give an account of the occasion of the several fires; and therefore, as it highly became those gentlemen in the discharge of their trust, they determined to use their utmost diligence to sift out the discovery, but still she remained inflexible, till at length, having recourse to religious topics, representing to her the heinousness of the crime which she would be guilty of, if she was privy to, and could discover so wicked a design, as the firing houses about our ears; whereby not only people's estates would be destroyed, but many person might lose their lives in the flames: this she would have to answer for at the day of judgment, as much as any person immediately concerned, because she might have prevented this destruction, and would not; so that a most damnable sin would lie at her door; and what need she fear from her divulging it; she was sure of the protection of the magistrates? or the grand jury expressed themselves in words to the same purpose; which arguments at last prevailed, and she gave the following evidence, which however, notwithstanding what had been said, came from her, as if still under some terrible apprehensions or restraints.
Deposition, No. 1.-Mary Burton, being sworn, deposeth,
1. "That Prince (a) and Caesar (b) brought the things of which they had robbed Mr. Hogg, to her master, John Hughson's house, and that they were handed in through the window, Hughson, his wife, and Peggy receiving them, about two or three o'clock on a Sunday morning. (c)
2. "That Caesar, prince, and Mr. Philipse's negro man (Cuffee) used to meet frequently at her master's house, and that she had heard them (the negroes) talk frequently of burning the fort; and that they would go down to the Fly (d) and burn the whole town; and that her master and mistress said, they would aid and assist them as much as they could.
3. "That in their common conversation they used to say, that when all this was done, Caesar should be governor, and Hughson, her master, should be king.
4. "That Cuffee used to say, that a great many people had too much, and others too little; that his old master had a great deal of money, but that, in a short time, he should have less, and that he (Cuffee) should have more.
5. "That at the same time when the things of which Mr. Hogg was robbed, were brought to her master's house, they brought some indigo and bees wax, which was likewise received by her master and mistress.
6. "That at the meetings of the three aforesaid negroes, Caesar, Prince and Cuffee, at her master's house, they used to say, in their conversations, that when they set fire to the town, they would do it in the night, and as the white people came to extinguish it, they would kill and destroy them.
7. "That she has known at times, seven or eight guns in her master's house, and some swords, and that she has seen twenty or thirty negroes at one time in her master's house; and that at such large meetings, the three aforesaid negroes, Cuffee, Prince and Caesar, were generally present, and most active, and that they used to say, that the other negroes durst not refuse to do what they commanded them, and they were sure that they had a number sufficient to stand by them.
8. "That Hughson (her master) and her mistress used to threaten, that if she, the deponent, ever made mention of the goods stolen from Mr. Hogg, they would poison her; and the negroes swore, if ever she published, or discovered the design of burning the town, they would burn her whenever they met her.
9. "That she never saw any white person in company when they talked of burning the town, but her master, her mistress, and Peggy."
This evidence of a conspiracy, not only to burn the city, but also destroy and murder the people, was most astonishing to the grand jury, and that any white people should become so abandoned as to confederate with slaves in such an execrable and detestable purpose, could not but be very amazing to every one that heard it; what could scarce be credited; but that the several fires had been occasioned by some combination of villains, was, at the time of them, naturally to be collected from the manner and circumstances attending them.
The grand jury therefore, as it was a matter of the utmost consequence, thought it necessary to inform the judges concerning it, in order that the most effectual measures might be concerted, for discovering the confederates; and the judges were acquainted with it accordingly.
Friday, May 1.
Present, the second and third justices.
The king against Caesar and prince, negroes. On trial.
The jury called, and the prisoners making no challenge, the following persons were sworn, viz.:
Roger French, John Groesbeek, John Richard, Abraham Kipp, George Witts, John Thurman, Patrick Jackson, Benjamin Moore, William Hamersley, John Lashier, Joshua Sleydall, John Shurmur.
These two negroes were arraigned on two indictments, the twenty fourth of April last; the one for their entering the dwelling house of Robert Hogg, of this city, merchant, on the first day of March then last past, with intent then and there to commit some felony; and for feloniously stealing and carrying away then and there the goods and chattels of the said Robert Hogg, of the value of four pounds five shillings sterling, against the form of the statutes in such case made and provided, and against the peace of our sovereign lord the king, his crown and dignity.
The other for their entering the dwelling house of Abraham Meyers Cohen in this city, merchant, on the first day of March with the intent then and there to commit some felony; and for feloniously stealing and carrying away then and there the goods and chattels of the said Abraham Meyers Cohen of the value of five pounds sterling, against the form of the statutes, etc. And against the king's peace, etc.
To each of which indictments they pleaded, not guilty.
The Attorney General having opened both the indictments, he with Joseph Murray, Esq. of council for the king, proceeded to examine the witnesses, viz.,
For the king, Mrs. Hogg, Mrs. Boswell, Christopher Wilson, Rachina Guerin, Mr. Robert Hogg, Mr. Robert Watts, Margaret Sorubiero, alias Kerry, Abraham Meyers Cohen, James Mills, Thomas Wenman, John Moore, Esq. Cornelius Brower, Anthony Ham, Mary Burton.
For the prisoners, Alderman Bancker, Alderman Johnson, John Auboyneau.
The prisoners upon their defence denied the charge against them. And,
The evidence being summed up, which was very strong and full, and the jury charged, they withdrew; and being returned, found them guilty of the indictments.
Ordered, that the trials of the Hughsons and Margaret Kerry, be put off until Wednesday of the 6th inst.
Court adjourned until Monday morning, 4th May, at ten o'clock.
Friday, May 8
Present, the second and third justices.
The king against Caesar and Prince, negroes.
The prisoners having been capitally convicted on two several indictments for felony, and being brought to the bar the court proceeded to give sentence; which was passed by the second justice as followeth:
You, Caesar and Prince, the grand jury having found two indictments against each of you, for feloniously stealing and taking away from Mr. Hogg, and Mr. Meyers Cohen, sundry goods of considerable value. To these indictments you severally pleaded not guilty; and for your trials put yourselves upon God and the country; which country having found you guilty, it now only remains for the court to pronounce that judgment which the law requires, and the nature of your crimes deserve.
But before I proceed to sentence, I must tell you, that you have been proceeded against in the same manner as any white man, guilty of your crimes, would have been. You had not only the liberty of sending for your witnesses; asking them such questions as you thought proper; but likewise making the best defence you could; and as you have been convicted by twelve honest men upon their oaths, so the just judgement of God has at length overtaken you.
I have great reason to believe, that the crimes you now stand convicted of, are not the least of those you have been concerned in; for by your general characters you have been very wicked fellows, hardened sinners, and ripe, as well as ready, for the most enormous and daring enterprizes, especially you, Caesar: and as the time you have yet to live is to be but very short, I earnestly advise and exhort both of you to employ it in the most diligent and best manner you can, by confessing your sins, repenting sincerely of them, and praying God of his infinite goodness to have mercy on your souls: and as God knows the secrets of your hearts, and cannot be cheated or imposed upon, so you must shortly give an account to him, and answer for all your actions; and depend upon it, if you do not truly repent before you die, there is a hell to punish the wicked eternally.
And as it is not in your powers to make full restitution for the many injuries you have done the public; so I advise both of you to do all that in you is, to prevent further mischiefs, by discovering such persons as have been concerned with you, in designing or endeavouring to burn this city, and to destroy its inhabitants. This I am fully persuaded is in your power to do if you will; if so, and you do not make such discovery, be assured God almighty will punish you for it, though we do not: therefore I advise you to consider this well, and I hope both of you will tell the truth.
And now, nothing further remains for me to say, but that you Caesar, and you Prince, are to be taken hence to the place whence you came, and from thence to the place of execution, and there you, and each of you, are to be hanged by the neck until you be dead. And I pray the Lord to have mercy on your souls.
Ordered, that their execution be on Monday next, the eleventh day of this instant, between the hours of nine and one of the same day. And further ordered that after the execution of the said sentence, the body of Caesar be hung in chains.
Court adjourned till Monday morning next ten o'clock.