ns 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.
[Footnote 2: _Sic._]
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 [Symbol: Per] 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]
[Footnote 3: This is assumed to be the case, since both these clerks
officially signed papers in this very case, though, from the loose
custom which gradually obtained with the clerks of our highest
judicial court, of not recording their appointments, it is impossible
to verify this statement by the record. Samuel Tyley, Jr., and
Benjamin Rolfe were sworn in as joint clerks of this court, Feb. 26,
1718, and Samuel Winthrop was clerk as early as June, 1745, and
Nathaniel Hatch as early as September, 1752.]
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, und
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