[ ]January
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Cornelis van Tienhoven, in his capacity as fiscal, plaintiff, against Jan Smith from Willickschier[1] in old England, now a prisoner, defendant.
The plaintiff says that Jan Smith, presently a prisoner, according to his confession obtained on the 8th of January, last past, enticed and incited Samuel Salis and Pasque to kill and steal hogs in the woods near the village of Middelborch; which hogs he, prisoner, killed with his own hands; also, that he, prisoner, solicited the aforesaid persons on the advice of Jan Cray at the time of Taelman’s departure, to steal tobacco there, saying “there is tobacco hanging in Taelman’s house; there are only two Negroes there whom we shall kill and take the tobacco”; saying further that he could speak “Indian,” and that they would go there during the night and speak “Indian” in order to frighten the Negroes so that they would run away. And if they did not run away, they would kill the Negroes, steal the tobacco and set the house on fire. This having been done, the people would think that the Indians had done it; which was confirmed by Samuel Salis, and which the commissioned magistrates of Middelborch relate to be true. In addition, the aforesaid Smith, being a runaway person without passport from Virginia, also appears by his confession that he, prisoner, came here to the Manhatans shopping with other people, who were looking for some merchandise [ ] whereupon they went out to the houses [ ] coming to the vendor said [ ] was sent to pick up the goods at the [ ] price, which he did, and everything was done without the order and knowledge of the people. [ ] took the goods away and brought them to Lieutenant Pamer at Middelborch, for whom he said he brought the goods. Lieutenant Pamer having gone out with his wife, Jan Smith told his daughter that her father had given him orders that she should give him the goods, which the daughter did. However, afterward it had to be returned, except for the cloth for a waistcoat that he said was paid for. From all of these actions it not only appears that Jan Smith is a thief of hogs but that he, if those whom he sought out would have committed violence, theft, murder and arson at Taelman’s under guise of Indians, also through deceit to take away the goods of a burgher here in other people’s names, which ought not be suffered or tolerated in defense against thieves, robbers, murderers, and arsons in the countryside, but ought to be punished severely as an example to others. Therefore, the fiscal concludes that the aforesaid Jan Smith, for the aforesaid crimes committed by him, ought to be brought to the place where it is customary to mete out justice and there to be hanged, as an example to other thieves of livestock and robbers so that the countryman may be freed from such and live in peace, and the land be cleansed of such vagabonds. (Dated:) 26 January 1656.
