From Benjamin Lincoln
Boston Sept. 9th: 1791
The day before yesterday came on the trial at Salem of Capt Davis & yesterday his mate charged with landing good at tarpaulien cove as mentioned to you July 29. Although the fact was clearly established to the satisfaction of the Court, and so far as I can learn, to every by stander even the defendants Council gave up the matter Yet the Jury did not in either case find a verdict though sent out repeatedly by the Judge. They said they could not agree. It has been hinted that they were satisfied with regard to the fact but would not say so because the penalty they said was too high. The next term the cause will be given to a jury in this County.1
Secy of the Treasury
LC, Massachusetts Historical Society, Boston; LC, RG 36, Collector of Customs at Boston, Letter Book, 1790–1797, National Archives; two copies, RG 56, Letters from the Collector at Boston, National Archives.
1. The case concerning Samuel Davis was referred to the Massachusetts Circuit Court during its November, 1791, term. Davis pleaded guilty to false swearing and was fined fifty dollars (Massachusetts Circuit Court Records, Federal Records Center, Boston).