On the 18th day of December, 1682, Poh
Poh Caquis,
Indian of the Eastern Shore, Maryland, came to the home of William
Troth at
Dover Bridge. Troth was
absent from home but, the Indian being cold, Mrs.
Troth permitted
him to sit by the fire.
After an hour had passed Troth returned,
accompanied by John
Shepherd,
a neighbor. A few minutes later as the Indian, Troth and Shepherd conversed
together Thomas
Bussey came
to the door.
As Troth turned
to speak to Bussey,
Poh Poh Caquis seized
his gun and fired directly at Troth,
but failing in this attacked him with his tomahawk, then ran away
followed by Troth,
Shepherd and Bussey.
Although he finally escaped Poh
Poh Caquis carried
with him a load of buckshot from Troth’s gun.
Fearing further trouble, on Dec. 22, 1682, Troth went
to the home of John
Edmondson where Col.
Philemon Lloyd,
a member of the Governor’s Council, was visiting, and made formal
complaint against Poh
Poh Caquis.
Lloyd at once wrote to the Governor, and later when the Council met
definite action was taken. At this meeting only four members of the
council were present, namely:
The Hon. Col. Thomas Zailler,
The Hon. Col. Vincent Lowe,
The Hon. Col. William Burges,
The Hon. Mr. John Darnall.
The Council appointed as a Special Commission “to go examine and try”
the case of Poh
Poh Caquis the
Honorable Henry
Coursey,
Esq. And the Honorable Colonel
Philemon Lloyd.
The Hon. Henry
Coursey,
Esq., was President of the Commission which met at Wye River, Talbot
Co., March 5, 1683.
TRIAL OF POH POH CAQUIS
Scene--. Courthouse at Wye River, Mar. 5, 1683.
Characters:
Special Commission.
President, the Hon. Henry Coursey, Esq.
Gov. Council the Hon. Philemon Lloyd
Secretary to the President
White men.
The Constable
The Interpreter
William Troth
John Shepherd
Thomas Bussey
Indians.
Poh Poh Caquis
King Ababsco
King Tequassimo
Wewohquak
Wasatwahan
Weenakaman
Cha Cha Pohosse
TRIAL
Pres. of Court. (Calls order):
This body has convened today for the
trial of one Poh Poh Caquis, Indian of the Eastern Shore, subject to
Ahatsawak of Assoteaque. Will the constable bring the prisoner
into Court.
Constable (Retires)
(Returns immediately with Poh Poh Caquis)
Here he is, Your Lordship.
Pres. of Court (Addressing assemlage.):
Gentlemen, we have before us today,
in the Sub-Court of King George in the Province of Maryland, a case of
much interest to our Red brothers as well as the White man,--that of an
Indian for an evil attack on his white brother.
Red men, our Rt. Honorable Lord
Proprietor gave you a convenient dwelling place free from the
encroachment of the white man. It is the will of his Lordship,
Gov. Charles Calvert, that you have such a home.
King Abasco and King Tequassimo have
in past times given testimony of their fidelity. Shall that
fidelity be broken now? The charge is that Poh Poh Caquis has
placed himself under the law of the Province of Maryland by attempting
murder. The Secretary has the complaint as made by one William
Troth to Colonel Philemon Lloyd, while at the home of John Edmondson,
Dec. 22, 1682. Let the Secretary read the Indictment.
Secretary to President (Reads):
About the 18th day of December (1682)
came an Indian to my house about two o’clock in the afternoon. I,
not being present in the house and the said Indian pretending to be
cold, my wife bid him go to the fire and there he was about an houre.
By this time my wife sent for me an when I came into the house the said
Indian came from where he had been sitting by the fire and look’d upon
me, but said not a word to me not I to him; then straight-way returned
to the fire again. I went to where he was sitting by the fire with
his Gunn standing by him. I spoke to him and said, “How is Ketop.”
“Howan Pawmen kees,” he replied in Delaware.
Governor’s Council (Addressing Pres.):
Your Lordship, may I address William
Troth.
(Pres. bows assent and Troth rises facing G. C.)
(Addressing Troth) Do you affirm the truth of this indictment as read in
part before this court.
William Troth:
Your Lordship, I do (sits)
Secretary of Pres (reads):
John Shepherd, sitting by the fire,
said, “He tells me he is a Delaware Indian, and that there are two
hundred Senniquox Indians hard by,” I said, “Pish, does thou believe him
what he talks of. He lies.” The Indian make answer he did
not lie, for I should see them by and by. I made answer I would
not see them if I could help it, but he said I should and forthwith fell
ahollowing.
Governor’s Council (Addressing Pres.):
Your Lordship is John Shepherd in
Court?
John Shepherd (Rising):
Yes, Your Honor.
Governor’s Council (Addressing Shepherd):
Were you present at the home of
William Troth at the time referred to in indictment read?
John Shepherd:
I was Your Honor.
Governor’s Council:
Do you affirm the truth of the
indictment as read.
John Shepherd:
I do Your Honor (Sits)
Governor’s Council (To Sec.)
Proceed.
Secretary of President:
Before I could speak any more words
to him, come to the doore Thomas Bussey. I turned me about to speake to
the said Thomas; while my back was toward the Indian the said Indian
made ready his Gunn; I presently turned about again and seeing the
muzzle of the gunn towards me, I endeavored to get hold of it, but
before I could she went off, and with the bonding of my body to get hold
of the gun, the shott mist. When he saw he had done no execution
he took his Tomahawke, and followed me abut eight or ten yards; and when
I saw he followed me I called for my gunn, and as soon as he heard me
call for my gunn he ran and when he was about thirty yards from me I
discharged my gun at him. (Sec. sits.)
Governor’s Council (Addressing Assembly)
Thomas Bussey, stand.
Thos. Bussey (stands and bows):
Your Lordship.
Governor’s Council (Addressing Bussey):
Were you present on the 18th of
December 1682 when Poh Poh Caquis attacked William Troth as charged.
Thos. Bussey:
I was your Lordship.
Governor’s Council:
Thomas Bussey do you affirm that this
accusation charging Poh Poh Caquis with an attempt on the life of
William Troth of Dover Bridge is true?
Thos. Bussey:
The charge is true Your Lordship.
(Gov. Council and Bussey sits.)
Pres. of Court:
The indictment has been read and its
truth affirmed by these witnesses. Interpreter will you ask the
prisoner why he denied his tribe.
(Mock interpretation)
Interpreter (To Pres. of Court):
The prisoner says he was drunk and
knew not what he did.
Pres. of Court (To interpreter):
Ask the prisoner what defense he
makes.
(Mock interpretation)
Interpreter (To the Pres. of Court):
The prisoner says he was drunk
otherwise he would not have shot at William Troth or have done any
mischief.
Pres. of Court (To interpreter):
Tell the Indians that it is the
English law that if a man do mischief he must suffer. If
drunkenness is an excuse then the English might make themselves drunk
and kill Indians.
(King Ababscoete confer with Interpreter.)
Interpreter (To Assembly):
King Ababsco says that an English man
shott at three Indian boyes but the came home not hurt, soe took noe
notice.
Governor’s Council (Interrupting):
Tell him the English were not
informed. If they had the English man should have suffered as the
law prescribes in such cases.
Pres. of Court (Ignoring Council’s words):
Tell the Indians we can remember
several miscarriages of their people, for which they have not been
punished but we came not here to call to mind old differences but rather
expect they should be forgot on both sides; but now we have taken this
prisoner in fact he ought to suffer. We desire to know whether
they justify the prisoner.
(Mock interpretation)
Interpreter:
They say they cannot justify the
prisoner, neither did they come to excuse him.
Pres. of the Court:
Tell them that it is the custom of
Christian Nations, that, if the peace is broken, he that doeth it must
surely die, and this Indian by the law deserves death; but that the
English are not desirous to exercise this rigour of the Lawe; therefore
Poh Poh Caquis shall be carried to the whipping post and have twenty
lashes on his bare back.
Interpreter (After mock interpretation):
Your Lordship, the Indians consent
and have commanded one of their great men, Weahquap to execute the
judgment. (Constable, prisoner and Indians turn to leave.)
Governor’s Council (With Emphasis) (Indians turn):
Your Lordship the punishment is not
sufficient.
(Mock Interpretation)
Interpreter:
King Ababsco and King Tequassimo
engage their words for the prisoner’s good behavior forever hereafter.
Gov. Council:
It is not enough. Poh Poh
Caquis may, notwithstanding, doe further mischielf. Troth’s life
may be in constant danger. In what custody will they keep him.
(Pres. Order Interpretation.)
Interpreter:
Your Lordship, the Indians do not
know how to secure him. They can say not more than Abatsawok had
said formerly,-- that they left it to his Lordship.
Pres. of Court:
The order is given that Poh Poh
Caquis receive twenty lashes on his bare back. This for his evil
attack. Moreover for the further safety of the English the Court
decree that after this punishment Poh Poh Caquis be transported into
some part beyond the sea, as a villan not fit to be trusted here without
danger of having the peace broken.
The Constable may remove the prisoner
and after Wewahquap hath executed the sentence, the sentence of twenty
lashes on the bare back, Poh Poh Caquis may be delivered to the High
Sheriff of St. Mary’s. (Constable leads out Poh Poh Caquis
followed by Indians. Conversation and handshaking among men.)
Pres. of Court:
The trial of Poh Poh Caquis being
ended this Special Commission has fulfilled it duty and adjourns the
Court.
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