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

Quest. How do you know that Mark put any of the Potter's Lead into the Sagoe?

Answer. When I went out of the Kitchen I left the Sagoe in the little Iron Skillet on the Fire, and no body was in the Kitchen then, but when I returned, Mark was Sitting on a Form in the Corner, and I afterwards found Some of that Lead in the Skillet, and neither Phœbe nor I had any Such Lead.

Quest. Do you know of any other Poison prepar'd for, or given to your Master?

Answr. No, I do not.

Quest. Who was it that first contrived the poisoning your Master Codman?

Answr. It was Mark who first contrived it, He told Phœbe and I that he had read the Bible through, and that it was no Sin to kill him if they did not lay violent Hands on him So as to shed Blood, by sticking or stabbing or cutting his Throat.

Quest. When was it that Mark first proposed the poisoning his Master?

Answr. Some time last Winter; he proposed it to Phœbe and I, but we would not agree to it, and told him No Such Thing should be done in the House; This before my Master brought him home from Boston.

Quest. Did he ever afterwards propose the poisoning his sd Master?

Answr. Yes he did, a Week or a Fortnight after my Master brought him home from Boston, he proposed it to me first, and I would not agree to it, and then he proposed it to Phœbe.

Quet. What Reason did Mark give for poisoning his Master?

Answ. He said he was uneasy and wanted to have another Master, and he was concerned for Phœbe and I too.

Quest. Do you know how your Master's Work house that was burnt down came on Fire?

Answr. Yes I do.

Quest. How came it on fire?

Answr. I set it on fire, but it was thro' Mark's means, he gave me no rest 'till I did it.

Quest. How did you Set your Master's Work House on fire?

Answr. I threw a Coal of Fire into some Shavings between the Blacksmith's Shop & the Work House, and I went away & did not see it kindle.

Quest. Who put the Shavings there?

Answr. Mark did.

Quest. Was any Body concern'd in the burning the Work house besides Mark and you?

Answr. Yes, Phœbe knew about it as well as I.

Quest. Where was Phœbe & Mark when you put the Coal of Fire into the Shavings?

Answr. The were up Garret in bed.

Quest. Who first proposed the Setting the Workhouse on fire? and what reason was given for doing it?

Answr. Mark first proposed it, to Phœbe and I; and the Reason he gave us was that he wanted to get to Boston, and if all was burnt down, he did not know what Master could do without selling us.

Quest. Why did you, when Phœbe pour'd Some of the Water out of the Vial into the Chocalate tell her, "her hand was heavy?"

Answr. I thought she pour'd in too much, more than she should I felt ugly and I wan't willing she shou'd put in so much and that he should be kill'd so quick. Mark's orders were to give it in two Doses, that was the Directions Robbin gave to Mark, as Mark told me, and Mark Said Robbin told him there was no more taste in it than in Cold Water.

Quest. Why did you not tell your Master or some of the Family that Phœbe had poisoned the Chocalate, and thereby prevent your Master's eating it?

Answr. I do not know why I did not tell.

The mark of X Phillis.

[Examination of Mark.]

Middlesex ss:

The Examination of Mark a Negro Servant of John Codman late of Charlstown deceased taken by Edmund Trowbridge & Thaddeus Mason Esqrs. at Charlstown in the County of Middlesex the – Day of July Anno Dom: 1755.

Quest. What is your name?

Answr. Mark.

Quest. Are you a Servant or Freeman?

Answr. A Servant. Mr. John Codman decd: was my master.

Quest. How long was you his Servant?

Answr. For several Years before & untill his Death.

Quest. Do you know what occasion'd your sd. Master's Death?

Answr. He was poisoned.

Q. What was he poisoned with?

A. With Poison that came from the Doctor's.

Q. What Doctor?

Answr. Doctr. Clark that lives at the North End of Boston.

Q. What sort of Poison was that?

A. It was a White Powder put up in a Paper.

Q. How do you know that that Powder came from Doctr. Clark's?

A. Robbin the Negro Fellow that belongs to Doctr. Clark gave it to me.

Q. When & where did Robbin give you that Powder?

An. A Week Day night, at his Master's Barn.

Qu. Was there any Person present with you when Robbin gave you that Powder?

An. No. The first Time, the negro man his fellow Servant called him out, it was in the Evening near 9 o'Clock.

Qu. How many Times had you such Powder of Robbin?

An. Twice only.

Qu. When was the last Time you had any such Powder of him?

An. The Sabbath Day night before my sd. Master died, in the Evening after Candle Light.

Qu. Where was it you had this last Powder of him, and what was it in?

An. He gave it to me in the same Barn, it was done up in a long square in two Papers, the outtermost Paper was brown and the inermost Paper was White, as the other was.

Qu. What did Robbin give you these Powders for?

An. To kill three Pigs belonging to Quaco as Phœbe told me.

Qu. How long ago was it Since Robbin gave you the first of these Powders?

An. I can't certainly tell.

Qu. Was it before Robbin & you were together at John Harris ye Potters Work house?

Ansr. I think it was before.

Qu. How long before was it?

Ansr. About a Week before.

Qu. Did you pay Robbin any Thing for these Powders?

An. No. I did not.

Q. What did you do with them?

Ans. Phœbe had the first; and she sent Phillis for the second and I gave it to her.

Qu. When & where did you give Phœbe the first Paper of that Powder?

An. In our Garret; the same night I brought it over.

Qu. Was any Body there when you gave it to her?

An. No.

Qu. What did she do with it?

An. She took it & put it upon the Table.

Qu. Did you give her the whole of the Powder you had of Robbin the first Time?

An. Yes. I gave her the Paper with all the Powder in it, as I received it of Robbin.

Qu. Did you tell her what was in the Paper?

An. No. She knew what was in it; for she told me what to get.

Qu. What did she tell you to get?

An. Something to kill three Pigs.

Qu. Did Robbin give you any Directions how to use that Powder, and tell you what Effect it would have?

Ans. He told me to put it into about 2 Quarts of Swill or Indian meal, and it would make 'em swell up.

Qu. Did you tell her how she must use the Powder? or what Effect it would have?

Answr. yes I told her as Robbin told me.

Qu. Do you know whether she used that Powder or any Part of it?

Answr. no otherwise than as Phœbe & Phillis told me Since my master's Death.

Qu. Who did you give the Second Paper of Powder to?

An. To Phillis.

Qu. When & where did you give that Paper of Powder to Phillis?

Ans. In the little House; She came to empty a Pot over the Wharffe, and I gave it to her, The Monday before my sd. Master died, after Breakfast in the Forenoon.

Qu: Did you then give her all the Powder you recd. of Robbin the Second Time?

Ans. Yes. I took off the brown Paper and gave it to her in the white Paper, that it was in, when Robbin gave it to me.

Qu. What did she do with it?

Answr. She caried it into the House to Phœbe as Phillis told me, She came to me & told me Phœbe sent her for that Thing that She sent me for, and thereupon I gave Phillis the Paper.

Qu: How was your Master poisoned with these Powders?

Answr. Phœbe & Phillis told me that they used them for that End.

Qu: When did they tell you this?

Answr. The next Day after my master died.

Q: Were they together when they told you So?

Answr. No, Phillis told me of it first, and said that Phœbe used all that I brought first, that Way; and that the last was used so too by her and Phœbe; and then I went to Phœbe and ask'd her about it, and She denyed it at first but when I told her that Phillis had told me all about it, then she owned it.

Quest. Had you no Reason before your sd. master dyed to think that the Powders you had of Robbin were given to your master or that he was poison'd therewith?

Answr. No other Reason than hearing Phœbe the Saturday night before master died ask Phillis, if she had given him enough, to which she replyed, yes. I have given him enough, and will stick as close to him as his shirt to his back; but who she meant I did not then know, nor untill after master died.

Quest. Was there no Discourse had between you Phœbe & Phillis about getting more Poison, after you had the first, of Robbin?

Answ. The Fryday before my master died Phœbe told me that she had lost that stuff that I had brought to her from Robbin, and desired me to get her some more. I told her I wou'd when I went over to Boston; this was in the Forenoon, when she was washing in the back yard.

Quest. Did you get her any more of Robbin?

Ansr. Yes, and that was it which I gave to Phillis

Quest. When did you go over to get the last Poison?

Ans. on the Saturday night before my master died; I went over after Sunset; I went directly to Robbin; & told him I wanted some of the same I had of him before for that was lost, Robbin was then at the Corner of his master's House out in the street, he told me he could not get any then, but if I wou'd come on the Sabbath Day night he would let me have some, and I went to him on the Sabbath Day night after Candle Light, and he then gave it to me.

Quest. Was there any Body with you on the Saturday night when you ask'd for the Poison, or do you know whether any Person saw you & Robbin together that Evening?

Answr. No, nobody was there, and I dont know that any Body saw us together that Evening.

Quest. How long was you with Robbin at Mr. Harris's Work house?

Answr. I made no tarry there, but left him at the Pot house, and he and the young man that was with him followed me and overtook me a little below Mr. Waite's Slaughter house; And they went with me into the Lane leading from the market Place to the long Wharffe near Mrs. Shearman's, while I went into Mrs. Shearmans and got a mug of Toddy, in the mug I brought from Mr. Harris's Work house, and I carried it to them and they both drank with me.

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 —