Hendrick van Dyck, ex officio, plaintiff, against Johannes Boodenborch, for manslaughter committed on the person of Gerrit Slomp, during the night of the 21st of July.
The honorable director general and the court martial, having seen the demand of the fiscal and the information taken on the 22nd of July respecting the aforesaid accident and having considered the evidence and the fiscal's complaint and all that is to be done and observed in this case, find that the homicide was accidentally committed by said Roodenborch in going the rounds, he, coming past Abraham Pietersen's tavern at night after the posting of the watch and the ordinary ringing of the bell, having knocked, as he was bound to do on hearing a noise, and thus, as more fully appears by the information, the mishap unexpectedly occurred. And whereas on the 19th of August last for everyone's satisfaction a notice was published that if anyone knew anything to the inculpation of Boodenborch and in defense of the slain man he was to present it within the next three court days, which have now long since passed, and whereas nothing has been produced by the fiscal or anyone else against said Boodenborch; therefore, the fiscal's demand is completely granted and the above named Boodenborch acquitted of the manslaughter, as we have taken into consideration the fact that the same was committed in the performance of his duty and while going the rounds. Thus done and acquitted the 6th of October anno 1648, in Port Amsterdam in New Netherland, by the honorable director general and the court martial, at which were present: the Honorable Director Petrus Stuyvesant, Mr. van Dincklagen, second in authority. La Montagne, Briant Nuton, captain lieutenant; George Bacxter, ensign; and Daniel Litschoe, sergeant.
Whereas the honorable Company's expenses are dally increasing and their officers and councilors are dally dunned and applied to for payment of what the honorable Company owes to others, which is hardly possible unless the Company be first satisfied and paid their old and outstanding debts; therefore, the director general and council authorize and order Fiscal van Dyck and the receiver, Roelof Jansz de Haes, to demand from Commissary Keyser an abstract of the accounts of the debtors from the Book of the Colonists and to present this to all debtors and demand payment; or, in default thereof, in the name of the Company and their representatives here to notify and serve notice on those who for the present are unable to pay the whole, to pay so much as anyone in his present state and condition may be able to pay, and for the balance to charge a reasonable yearly interest at 8 per cent per annum, to be paid each half year, the first interest to be due on the first of May next, and thereafter every six months four guilders per hundred. Thus done and resolved in council in Fort Amsterdam, the 15th of October anno 1648, in New Netherland. Present: P. Stuyvesandt, L. van Dincklagen and Paulus Leendersz.
