ENPages
(seq. 1)
Boston July 4 1728
Suffolk Ss Memorandum.
Messrs. Robert Handy George Stuart & others being convented on examination concerning the murther of Benjamin Woodbridge last night; Mr Handy examined saith, that sometime before night Mr Benjamin Woodbridge came to me at the White Horse & desired me to let him his own sword. I asked the reason. He replyed he had business called him into the [county?]. 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 Philips who had lately fell out. He still persisted in his first story upon which I gave him his sword & belt & then he left the company. Mr Thomas Barton being in company, I immediately followed & went into the Common. Found {said} Woodbridge walking by the common by the Powder House his sword by his side. I saw no person save him. I again urged the occasion of his being there. He denyed informing. In some short time I saw Mr Henry Phillips walking towards us with his sword by his side & cloak on. Before he came neer us I told them I feared there was a quarrel and what would be the event. They both denied it. Mr Phillips replyed again, Mr Woodbridge & he had some particular business that concerned them two only & desired I would go about my business. I still persuaded them to let me know their design & if any quarrell they would make it up. Mr Phillips used me in such a manner with slights that I went off & left them by the Powder House. This was about eight in the evening. I went up common they walked down. After some short space I returned being justly fearfull of their design in order to prevent their fighting with the swords. I met with them about the Powder House. I first saw Mr Woodbridge making up to me holding his left hand below his right breast. I discovering blood on his coat asked the meaning of it. He told me Mr Phillips had wounded him having no sword. I enquired where it was. He sayd Mr Phillips had it. Mr Phillips immediatley came up with Woodbridges sword in his hand naked his arm by his side. I told them I was surprised they should quarell to this degree. I told Mr Phillips he had wounded Mr Woodbridge. He replyed yes so he had and Mr Woodbridge has also wounded me but in the fleshy part only shewing me his cut fingers. Mr Phillips took Mr Woodbridges scabbard sheathed the sword & either laid it down by him or gave it to him. Mr Woodbridge beginning to faint sat down & begged that chirurgeons might be sent for. I immediately went away leaving them two together. Phillips presently followed
(seq. 2)
told me for God's sake to go back to Woodbridge & take care of him till he returned with a surgeon. I prayed him to hasten but did not care to return. Mr Phillips went away as fast as he could and went down the lane by the Pound. I returned to the White Horse. I found Mr Barton & George [ ? ] together. I told Mr Barton Phillips & Woodbridge having quarrelled Woodbridge was much wounded. I asked Barton to go & see how it was with Woodbridge. We went a little way from the house with a design to go, but Barton learning Phillips was gone for a chirurgeon concluded Mr Phillips would procure a chirurgeon & so declined going & went to Mr [Blinn's?] house where we were invited to supper. I have not seen Mr Henry Phillips nor any from him since I left him going for a chirurgeon.
Robert Handy
Suffolk Ss. Boston July 4 1728
Robert Handy made oath to the truth of the above written
General {Court}: Elisha Cooke J. Pacis
concordat cum originali [attr?] Elisha Cooke J Pacis
Capt John Winslow examined saith that last night being at Mr Deerings [house?] Mr Gillam Phillips about eleven in the evening came to me told me he wanted my boat to carry off his brother Harry who had wounded or killed a man. I went by appointment to Mr Vardys where I soon met Gillam Phillips. I asked him where his brother was who he had been fighting with. He made answer I should see him presently. He went down to {Colonel} Estes Hat[c]hes where Mr Gillam Phillips was to meet me. I got there first knocked at Mr Hat[c]hes door no answer; from Mr Hatches house, Mr Peter Faneuil & Henry Phillips came into Mr Hat[c]hes yard, Mr Gillam Phillips immediately after, with Mr. Adam Tuck. I heard no discourse about the man wounded. They concluded & sent Mr Henry Phillips to Gibbes Wharf. Then Gillam Phillips with me went down the long Warfe. I took boat there & went on board my ship lying in the harbour. Mr Phillips being in the boat I took four of the ships crew & rowed to Gibbes Wharf where we met with Messrs Henry Phillips Peter Faneuil & Adam Tuck. I came on shore. Henry Phillips & Tuck entered the boat. I understood by discourses with Gillam Phillips they designed on board his Majestys ship Sheerness, Capt James Cornwall Commander. This was about twelve & one of the clocke.
{John} Winslow. Boston July 4, 1728
General {Court}: Elisah Cooke J Pacis; concordat cum originali [Attr?} Elisah Cooke J Pacis.
John Cutler of Boston chirurgeon examined before oath saith that last evening about seven Dr George Permberton came to me at Mrs [Mcasses?]'s and informed that an unhappy quarrell happened between Mr Henry Phillips & Benjamin Woodbridge & it was to be feared Mr Woodbridge was desperatly wounded. We went out. We soon met 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 & begged us to repair there & see if any relief might be given him. Dr Pemberton & I went in company with Henry Phillips in search of {said} Woodbridge but could not find him or make any discovery of the affair. Mr Phillips left us. I bid him walk in Bromfields lane. We went to Mr Woodbridges lodging & several other houses but heard nothing of him. Upon our return Mr Henry Phillips was at my house. I dressed his wound which was across his belly & his fingers. Mr Phillips shew a great concerne & fear of having kiilled Mr Woodbridge. I endeavoured to appease him & hope better things but he said could he think he was alive he should think himself a happy man.
July 4, 1728 General {Court} Elisha Cooke J Pacis, John Cutler.
Dr George Pemberton sworn saith that last evening about seven or eight o'clock Mr Henry Phillips came to the Sun Tavern & informed me first desiring me to go out which I did and went to my house where {said} Phillips shew me some wounds and that he had wounded Mr Benjamin Woodbridge & feared they would prove mortal begged of me to repair ot the Common accompanied with Dr Cutler & {said} Phillips in quest of Woodbridge. We went to the Powder House & searched the ground there but could make no discovery. Mr Phillips then left us & walked towards Mr Bromfields lane. Dr Cutler & I went to Mr Woodbridges lodging & several other places but could hear nothing of him. We returned & found Henry Phillips at Dr Cutlers who was very greatly concerned fearing he killed Mr Woodbridge. We dressed Phillips wounds which were small.
{George} Pemberton
July 4 1728 General {Court} Elisha Cooke J Pacis [ ? ] concordat cum origniali [ ? ] Elisha Cooke J Pacis
(seq. 3)
Mr Peter Faneuil examined saith that last evening about twelve he was with Gillam Phillips Henry Phillips & Adam Tuck at Gille's Warfe and understood by Gillam Phillips that his brother Henry had killed or mortally wounded Mr Benjamin Woodbridge this evening that Henry Phillips went into Capt Winslows boat with his brother & Adam Tuck with the boats crew. Where they went he knows not.
July 4 1728 Juvat for Elisha Cooke J Pacis. Copy of the original lettr Elisha Cooke J Pacis.
John Underwood at present residing in Boston marriner belonging to the Pink Molly John Winslow Commander 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 {captain} John Winslow with an other person unknown to him came on board. The {captain} ordered the boat with four of our hands I being one to go to a wharf at the southerly end of the town where we went & there the {captain} went on shore and two other persons came into the boat without the {captain}. We put off & by discourse we were designed to go on board the man of war but by reason of the fogg & thick weather we got on shore at Dorchester Neck went up to a house stayed there about an hour an half then returned to our boat. Took in the three persons aforenamed as I suppose with our crew & went on board the man of war now lying between the Castle & Spectacle Island. We all went on board with the men we took in at the wharfe stayed there for the spase of an hour and then came up to Boston leaving one of the three only on board & landed by Olivers Dock.
John Underwood
July 4. 1728 Jurat Ex[?] Elisha Cooke J Pacis. Copy of the original Attr Elisha Cooke J Pacis.
{William} peirce of Boston marriner one of the Pink Molly's crew examined upon oath saith as above declared by John Underwood
John [S?] Brown James Ward William Peirce Signum
July 4 1728 [ ? ] C[?] Elisha Cooke J Pacis Copy of the Orignial Attr. Elisha Cooke J Pacis.
(seq. 4)
Aug. 1728, Boston
Suffolk:lc. At His Majesty's Court of Assize and General Goal Dlivery held at Boston in and for the said County of Suffolk on the Second Tuesday of August 1728 In the Second Year of the Reign of our Sovereign Lord George the Second by the Grace of God of Great Britain France and Ireland King Defender of the Faith &c.
The Jurors of our said Lord the King upon their Oath present That Henry Phillips of Boston aforesaid in the said County of Suffolk Merchant on or about the third day of July last past in the said Second Year of our said Lord the King with force and arms willfully and of his fore thought malice at Boston aforesaid in the said County of Suffolk, in the Common so called, in and upon one Benjamin Woodbridge of Boston aforesaid in the said County of Suffolk Gent. then and there in the Peace of God and our said Sovereign Lord the King being, an assault did make, and with a sword of the value of Twenty Shillings which the said Henry Phillips in his right hand then
(seq. 5)
Then and there did hold, the aforesaid Benjamin Woodbridge feloniously did run through the Body, and then and there gave the said Benjamin Woodbridge a Mortal wound, of which said Mortal wound the said Benjamin Woodbridge then and there did Instantly dye and so the said Henry Phillips the aforesaid Benjamin Woodbridge in manner and form aforesaid did feloniously kill and murther against the Peace of our said Sovereign Lord the King His Crown and Dignity and against the form of an Act passed by the Great and General Courts or Assembly of the Province of the Massachusetts Bay in New England begun and held at Boston the twenty sixth day of May one thousand Six hundred and Ninety Seven and Continued by Several prorogations until the Thirteenth of October following Entitled
Entitled an Act against Murther, made and Provided.
{Joseph} Hiller {Attorney} {General}
Billa Vera
Samuel Clarke Foreman
A true Copy {examined} per Samuel Tyley [ ? ]