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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Commonwealth, himself as principal in the Sum of sixteen pounds lawful money of {said} Commonwealth with two sureties in the sum of eight pounds of like money each, conditioned that {said} Thomas Malone 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 September 1787, then to answer such things as may be alledged against him on behalf of said Commonwealth, & in the meantime shall be of the peace & his good behavior toward the said Commonwealth & all the liege people thereof, & shall do & receive that which by the said Court shall be then & there enjoined him, & not depart without licence; & that he the said Thomas Malone stand committed till the sentence be performed.

James Winthrop Just. Peace

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Cambridge vs Cato Freeman, parties appear without notice on 10 Ju {September} 1787, by confession & written as well as oral evidence his last Master was {Jonathan} Titcomb {Esquire}, an inhabitant of Newbury Port Co. Essex where he gave Cato his freedom. Judgment that Cato & his wife & child be removed to Newbury Port. Cambridge to pay costs taxed at 6/. Warrant dated by mistake the 8th {September} 1787.

An account of all the pauper charges to this time carried in. ______________________________

Middlesex, sc. Be it remembered, that on the 19th day of January in the year of our Lord 1788, one Thomas Cook a vagrant person is brought before me James Winthrop {Esquire}, one of the Justices assigned to keep

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(seq. 33)
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25 the peace in & for said county, by [Neverson?] Greenwood & William Marean & Peter Richardson, for that he the said Thomas Cook did on the night between the fourteenth & fifteenth days of January aforesaid, wilfully, feloniously, & with force & arms steal one bag of cheese of the value of twenty shillings, & two bags of coined copper both of the value of eighteen shillings, being the property the proper of Nathaniel Smith of Sunderland in the county of Hampshire, but then under the protection of said Peter Richardson & with- in the dependencies of his tavern in Cambridge in said county of Middlesex, with which theft the said Thomas Cook stands charged in my presence upon the oath of said Peter Richardson; Which said theft is against the peace of said Commonwealth & the law in that case made & provided;

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(seq. 34)
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26 Whereupon I the said Justice demand of the said Thomas Cook now present before me, whether he is guilty or not guilty of the charge contained in the complaint of said Peter Richardson now read to him, to which 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 is guilty as before charged, & the magnitude of the cause exceeds my jurisdiction. Wherefore it is considered by me the said Justice, that the said Thomas Cook recognize to the said Commonwealth, himself as principal in the sum of twelve pounds with two sureties each in the sum of six — pounds lawful money of said Commonwealth, conditioned that said Thomas Cook shall appear before the Court of

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(seq. 35)
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27 General Sessions of the peace next to be held at Cambridge within & for the County of Middlesex on the second Tuesday in March next, then to answer such things as may be alledged against him on behalf of said Commonwealth, & in the meantime shall be of the peace & his good behavior towards the said Commonwealth & all the liege people thereof, & shall do & receive that which shall be then & there enjoined him by said Court, & shall not depart without license, & that he the said Thomas stand committed till the sentence be performed.

James Winthrop {Justice} Peace

Middlesex sc. 19 Jan. Be it remembered that on the 19th day of January 1791, Amboy Brown a negro man resident in Cambridge in said County, is brought before me James Winthrop {Esquire}, one of the Justices assigned to keep the peace in said County, by Thomas Barrett of said one of the Constables of said Cambridge by warrant

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