Winthrop, James, 1752-1821. Papers of James Winthrop, 1765-1826. Notes about cases heard as Justice of the Peace, 1784-1795. HUM 69 Box 1, Folder 2, Harvard University Archives.

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This small paper-bound notebook contains notes Winthrop made concerning the cases he heard between 1784 and 1795 as a Justice of the Peace for Middlesex County. These notes provide insight into the nature of crimes being committed in Cambridge in the post-Revolutionary period, as well as the names and occupations of those accused and their victims. The cases involved the following individuals, among others: Samuel Bridge, Benjamin Estabrook, Joseph Jeffords, Cato Bordman, John Kidder, Spenser Goddin, Jacob Cromwell, Benjamin Stratton, Mary Flood, Bender Temple, John Willett, Joseph Hartwell, Nathaniel Stratton, Amos Washburn, Francis Moore, Thomas Malone, Thomas Cook, and Amboy Brown. The cases involved a range of offenses, and occasionally Winthrop decided that a case exceeded his jurisdiction and forwarded it to the General Court or the Supreme Judicial Court.

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18 fear that the said Amos would beat him & do damage to his person, against the peace of the Commonwealth of Massachusetts & the law in that case made & provided: Wherefore I the said Justice demanding of the said Amos now present before me whether he is guilty or not guilty of the charge contained in said warrant now read to him, to which he the said Amos replies & pleads that he is not guilty. But after hearing & examining divers witnesses sworn to testify the whole truth relating to said charge, & fully hearing the defence of the said Amos, it appears to me the said Justice that the said Amos is guilty as before charged. Wherefore it is considered by me the said Justice that the said Amos Washburn recognize to the said Commonwealth, himself as principal in the sum of twenty pounds lawful money of said Commonwealth, with [two?] two sureties in the sum of ten pounds of like

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(seq. 27)
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(seq. 27)

19 money each, conditioned that said Amos Washburn shall appear before the Court of General Sessions of the peace next to be held at Concord within & for said county on the second Tuesday in March 1787, then to answer such things as may be alledged against him on behalf of said Commonwealth, & in the mean time shall be of the peace & his good behavior toward said Commonwealth & all the liege people thereof, & chiefly toward the said Francis Moore, & shall do & receive that which by the said court shall be then & there enjoined him & not depart without licence; & that he the said Amos stand committed till the sentence be performed.

James Winthrop {Justice} Peace

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Cambridge vs. Joseph Hastwell a pauper by confession a native of Woburn but by long & undisturbed residence a native of an inhabitant of Charlestown. The parties appear upon notice on 14 {April} 1787. Judgment for {defendant} & his wife & son William to be removed to Charlestown. Warrant issued, Cambridge to pay costs taxed at 8/.

Middlesex se. Be it remembered that on the 28th day of May in the year of our Lord One Thousand seven hundred & eighty seven, Thomas Malone, resident in Cambridge in the said County of Middlesex, barber, is brought before me James Winthrop {Esquire}, one of the Justices assigned to keep the peace

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in & for said County, by Thomas Durant one of the deputy sheriffs of said County, by warrant issued by me the said Justice on the said 28th of May, against the said Thomas Malone, for that he the said Thomas sometime in the month of April of this present year, did feloniously steal, take & carry away from the dwelling house of Joseph Cabot, a student of Harvard College in Cambridge aforesaid, the following goods; viz. One shirt of the value of fifteen shillings & one pair of stockings of the value of six shillings being the property of said Joseph, against the peace & dignity of the Commonwealth of Massachusetts

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(seq. 30)
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(seq. 30)

22) & the law in that case made & provided; Wherefore I the said Justice demanding of the said Thomas Malone now present before me, whether he is guilty or not guilty of the charge contained in said warrant now read to him, he the said Thomas replies & pleads that he is not guilty. But after hearing & examining divers witnesses sworn to testify the whole truth relating to said charge, & fully hearing the defence of the {said} Thomas, it appears to me the said Justice, highly probable that said Thomas Malone is guilty as before charged & the magnitude of the cause exceeding jurisdiction. Wherefore it is considered by me the said Justice that the said Thomas Malone recognize to the said

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