“The said Potter, said it was not worth a Cussing”

At the civil trial of the Rev. John Usher v. Capt. Simeon Potter in November 1761, eight witnesses from Bristol, Rhode Island, testified through sworn depositions followed by questioning in court.

Those witnesses for the plaintiff agreed that both Usher and Potter were angry. They described Usher gesticulating with his cane. They all said Potter struck the first blow. One even said that about ten days later he’d asked Potter “if he thought Mr. Usher struck him,” and Potter said no.

Capt. Potter participated in part of that trial, cross-examining Usher’s witnesses. But he appears not to have tried to mount a defense with his own evidence. The court found him in default and awarded Usher £1,000 plus costs.

Potter actually had three witnesses lined up on his side. Jeremiah Bosworth claimed in a deposition, “once I plainly see said Usher strike sd. Potter over the head with his Cane.” Bosworth also accused the minister’s son Hezekiah of hitting and knocking down the captain’s father, Hopestill Potter—the same sort of assault that Capt. Potter was accused of.

A second witness testified to seeing Usher hit Potter. However, that witness was Capt. Potter’s father, obviously an interested party. The third witness said Usher was “aiming as I thought at striking sd. Potter,” but because of a tree he didn’t see any blow before Potter hit Usher. (Potter actually had a fourth deposition, but it came from someone whom Usher’s lawyer had already called.)

Instead of putting up an argument in the county court, Capt. Potter appealed the verdict to Rhode Island’s highest court. The case was scheduled for September 1762. In preparation, Potter collected more testimony. Now his sister Hope claimed, “I saw Mr. John Usher Clerk Strike att Capt. Simeon Potter with his Cane several times.”

Another new witness was Jonathan Fales, who owned the house on the corner where the fracas occurred. Several months after the fight, Fales signed off on this account:

Usher run from off the Causeway up to said Potter with his Cane lifted up as tho’ he was going to strike at him, said Potter not having before said Usher run up to him taken any notice of said Usher nor so much as turned towards him,

Upon said Usher’s coming up to said Potter I saw him shake his Cane over said Potter several times aiming as I thought at striking him

Interestingly, Jemima Gorham and William Lindsey signed depositions describing how they’d seen the same thing in almost exactly the same language.

What’s more, Richard Smith, a witness at the original trial, came forward to say Gorham had told a grand jury in January that she’d gone “into hur hous” and hadn’t seen anyone hit anybody.

And the Bristol justice of the peace who recorded those three new depositions, Daniel Bradford, also took the stand to say he’d asked Fales why he hadn’t testified back in November 1761. Bradford said that Fales

Answered that he went out of the way for fear of being called upon, as an Evidence. . . . Fales further said that a few days before ye Court said Potter asked him for his evidence and that he was in his Calm hours Wrote One and Shend ye same to said Potter, and that the said Potter, said it was not worth a Cussing and then Went and Sent ye Said Fales one already wrote, which said [Fales] Refused to sign.

In sum, it looks like Simeon Potter had leaned on or rewarded some of his neighbors to sign off on testimony he or his lawyer had prepared. I suspect if we knew more about employment and trade in Bristol, we’d see the levers of power that the captain was pulling.

TOMORROW: And did all that effort succeed?

[The photo above shows a fist-headed walking stick owned by Thomas Hancock and displayed at the Massachusetts Historical Society several years back. It has no link to this case, but I thought the design was appropriate.]

“Success in this troublesome affair”?

When I broke off yesterday, Capt. Simeon Potter of Bristol, Rhode Island, had just hit the Rev. John Usher in the face.

And then he did it again.

According to the minister’s son, Hezekiah Usher, that “made the blood fly out of his Mouth.”

The younger Usher described rushing out from his doorway:

I run and catch him [Potter] by the collar & took him off from my Father and received two blows in my Face from sd. Potter.

The captain’s father, Hopestill Potter, aged about seventy-one, also joined the fray. Eventually the minister and captain were pulled apart.

In the fall of 1761, the Rev. John Usher sued Capt. Simeon Potter for the punches “…And also the left Thumb of the Plaintiff at said Time & Place did Sprain by all which the Plaintiffs Life was despaired of.” He asked for “Fifty Thousand Pounds current Money of New England” in damages.

Capt. Potter threw up every roadblock. He argued that he’d been an unarmed man acting in self-defense. That Usher shouldn’t have sued in Newport. That “this Cause might be continued to next Court as he is not provided with an Attorney and his principal Evidence is at Sea.” Ultimately Potter put up no defense and defaulted, and the county court awarded Usher £1,000 plus costs.

Both parties appealed to the Rhode Island Superior Court of Judicature, Usher “because the Damages given were not adequate to the Injury recd.” and Potter because the verdict was “wrong and erroneous and ought to be reversed.”

Meanwhile in January 1762 a grand jury in Bristol County considered criminal assault charges against Capt. Potter. I can’t tell how far that process got.

In the summer of 1762 Potter called in a big legal gun from Massachusetts: Robert Treat Paine (shown above, later in life). Paine’s 6 August letter assured Potter that he could appeal both criminal and civil cases with “the Deposition you have of the Jurys dissatisfaction in their Verdict.” Paine called Usher “a Crafty powerfull Antagonist” and closed “wishing you success in this troublesome affair & that you may finally prevail against Ecclesiastical or Political Tyranny.”

On 10 September, Paine traveled to Newport to argue for Potter. The captain was presenting testimony from several witnesses not heard at the original civil trial.

TOMORROW: Examining the evidence.