Stirpes, Volume 33, Number 4, December 1993 Page: 8
80 p. : ill. ; 28 cm.View a full description of this periodical.
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CTTD PODR
KENNEY, was not recognized being under court and that
MARGERET ROBERTS, wife of MOSES ROBERTS did not
recognize because not summoned being very sick. Also in
this document is printed the note below which indicates
again that BENJAMIN did have a son!
Marge' Roberts .
wife of Moses Roberts, and
son of said Criminal a material ;,.;' C. {._
evidence z jr - .
C-'4, 7 . * .4"L . ' i
The final summons sent for the trial in Portsmouth on
14th of June was to: (1) JAMES KIELLE, DANIEL PIERCE,
ESQ., ESTER TUTTLE (wife of ELIJAH TUTTLE); (2) JOHN
PERKINS, BENJAMIN ROBERTS JR., MOSES ROBERTS,
AARON ROBERTS, ELIJAH VARNEY, JOSEPH AUSTIN, JR.
& JOHN GAGE, all from Dover, Yeomen; (3) MOSES
GAGE, GENT, TIMOTHY CLEMENTS, GRACE NUTE, THOS
KINNY, OTIS PINKHAM, MOSES VARNEY, JOHN TUTTLE,
(4) BENJAMIN JENKINS of Durham, Yeoman; (5) MEARY
KENNY (the wife of LOVE KENNY of Dover, Yeoman) (6)
MARGERET ROBERTS, the wife of MOSES ROBERTS
of Dover, Yeoman. BENJAMIN pleaded "Not Guilty" but
the jury found him GUILTY OF MURDER. It was stated that
on the 19th day of May at half past seven in the afternoon
BENJAMIN assaulted MARY ROBERTS by throwing with his
right hand a stone of the weight of 18 ounces. This struck
her on the left side near the top of her head leaving a
wound one inch in length and 3/4 inch wide. MARY
died on the 23 day of May. A list of expenses of the trial
billed to BENJAMIN is included in the file. It concludes
with "Instrument of Branding."
Branding was usually on the hand or cheek. This law of branding remained in
force until Feb. 17, 1785.12 Hardon states, "branding of convicted criminals was
used to mark those who had escaped execution on a plea of benefit of clergy." In
studying "Benefit of Clergy" it is stated in "PURITAN ROOTS" by Winston Phelps:8
a 1 ~I mC1r d -3 ---=
T)DECEMBER 1993
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Texas State Genealogical Society. Stirpes, Volume 33, Number 4, December 1993, periodical, December 1993; Sulphur Springs, Texas. (https://texashistory.unt.edu/ark:/67531/metapth39869/m1/10/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Genealogical Society.