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 The Malta War in Court.

477

the county buildings and the dwellings of adjournment for the trial on the 16th of such resident proprietors and their agents November following. as they could find. However popular and far-reaching the in To repel the threatened incursion, a can surrection might have become, this prompt non from old Fort Western, on the east display of force quite checked its further shore, was mounted on cart-wheels, loaded manifestations; and the military companies with musket-balls, and placed on the west which had so bravely marched up the hill, shore, in a position to sweep the bridge. after a few days, one after another, were dis The day and night patrols were enlarged, missed, and gaily marched down again. and sentinels posted at exposed points; All these companies, however, alternated while alarmed citizens kept anxious watch by twos, amounting to a hundred men, as at their dwellings, as court-day approached. guards at the county buildings and other Various alarms had arisen, but no enemy assailable points about the town, until the appeared until the night of the 3d of Octo end of the trial, on November 25th, when ber. About midnight, the sentinels at the all danger had passed. east end of the bridge caught a man spying The counsel for the prisoners consisted of about the locality. Three of them were at Prentiss Mellen, Samuel S. Wilde, Thomas tempting to bear him away, when a party in Rice and Philip Leach, — the first of whom Indian guise rushed down the hill, and not became the State's earliest chief-justice, and only rescued him, but made a prisoner of two or more known as authorities to stu the officer in command. The insurgents dents of provincial law. Solicitor-General were later ascertained to be about seventy Daniel Davis alone conducted the prosecu in number. Alarm guns were fired, the tion. Four judges, — Theodore Sedgwick, court-house bell was rung, and in a very Samuel Sewall, George Thatcher and Isaac short time the light infantry was out, and Parker, — were on the bench. Forty-four the street filled with people. The uproar witnesses were examined, and the trial lasted soon became general, for no one knew ten days, including two occupied by the jury where the threatened conflagration might in their deliberations. be started. The Commonwealth attempted to prove The insurgents, however, had retired to " premeditated malice; " and the report of shelter; but all through the remainder of the trial certainly shows reasonable evidence the night the authorities were engaged in in support; the wonder being that the mal issuing orders, and in sending messengers ice was not extended in its effect to others of to the militia in the neighboring towns, the surveying party. No hostility was shown summoning them to meet a large force of to Choate, whom they had merely taken insurrectionists, arrayed in mimicry of the under control to prevent an alarm to the patriots in the Boston Tea-Party, but with others; but fierce and bitter taunts were hurled at the prostrate victim, while the other purposes vastly more destructive and inde two surveyors were permitted to escape; and fensible. Several companies arrived during the next the band departed without token of either day, and on the 5th, six companies were in fear or relenting. An explanation of this action may be town. Ample guards were placed, and a field-piece commanded the entrance of the found in a statement which shortly became current, that the murdered man was one of jail. The eight accused men were arraigned, a band associated under the name " Malta pleaded not guilty, and were bound over to Indians," who were bound by an oath, writ a special term appointed to be holden by ten and signed with blood, to prevent sur