Just came upon this, from 1699
NOTE:
‘Trepanning’ here means not sawing off the top of his victims’ skulls, but
rather, ‘ensnaring’.
John
Smith, of London, labourer, was indicted for a misdemeanour for kidnapping and
trepanning one Joseph Portall a Jew, on board of ship, and causing him to be
conveyed to Maryland, in parts beyond the seas into slavery. and he was
likewise indicted for spiriting and trepanning of Samuel Cooper a Christian
youth, of the age of 16 years, who he also sent into slavery. The evidence for
the king, on the first indictment, proved very fully, that the said Portall, who
came from Ceuta in Africa, to see his friends in England, and had been here but
two days, was enticed off from the exchange to an office by St. Mary-hill, and
there bound to serve Smith the prisoner, and that from that time he was sent on
board, and seen in England no more; and the evidence for the king to the second
indictment, was Cooper’s parents, who had sent their child on a Sunday morning
to church, and never saw him more, nor heard of him till they found at the said
office that he also was bound to smith the prisoner, and sent away with the Jew:
it was also affirmed that the said john smith had lately bound several hundreds
of young people at the said office, who are all sent for slaves as aforesaid.
the prisoner had council learned in the law, allowed him for his defence; as
for the facts charged in the two indictments, they owned them both, and
pretended to justify the action by a patent for binding all manner of persons
that were willing to serve in the plantations; which patent was produced and
read in court, where it did appear the intent and meaning of the said patent
and office was to prevent any unfair practices of this nature, and to hinder
any person being sent away contrary to his own freewill and the consent of his
parents or friends, which consent the prisoner could not prove; one of the
prisoner's friends who appeared in his behalf, did affirm that he had spoke to
Samuel Cooper in Irish before he was bound, who declared himself willing to go,
but on examination of that matter it appeared that cooper had always lived with
his parents about London, and had never been in Ireland, or ever could speak Irish;
which witness was ordered by the court to be secured, then the prisoner
pretended he was only a servant, and had 10 s. per. week allowed him for what
he did, and would have shifted the fact from himself; he called no body to his
reputation, but on the other hand several bad things were fixed on him,
particularly that after he was committed, he said he valued not what they could
do to him, for 'twas but to look through a pair of nutcracks. he was so enraged
against one Mr Jacob Kysor who had caused him to be apprehended and prosecuted,
that he wisht he had his heart broiled on coals, for he would eat it, and drink
his blood after it: after the evidence was summed up, the jury, brought smith
in guilty of both the indictments.
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