Terror to the wicked America's first murder trial by jury, that ended a war and helped to form a nation

Tobey Pearl

Book - 2021

"A brutal killing, an all-out manhunt, and a riveting account of the first murder trial in U.S. history--set in the 1600s in colonial New England against the backdrop of the Pequot War (between the Pequot tribe and the colonists of Massachusetts Bay), an explosive trial whose outcome changed the course of history, ended a two-year war, and brought about a peace that allowed the colonies to become a full-blown nation. The year: 1638. The setting: Providence, Plymouth Colony. A young Nipmuc tribesman, returning home from trading beaver pelts, is fatally stabbed in a robbery in the woods near Plymouth Colony, by a white runaway servant and fellow rogues. The young tribesman, fighting for his life, is able, with his final breaths, to revea...l the details of the attack to Providence's governor, Roger Williams. A frantic manhunt by the fledgling government of Plymouth ensues, followed by the convening of the first trial, with Plymouth's governor Thomas Prence presiding as judge. The jury: local settlers (white) whose allegiance seems more likely to be with the accused than with the murdered (a native) . . . Tobey Pearl, piecing together a fascinating narrative through original research and first-rate detective work, re-creates in detail the full and startling, pivotal moment in pre-revolutionary America, as she examines the evolution of our nascent civil liberties and the role of the jury as a safeguard against injustice"--

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Subjects
Published
New York : Pantheon Books [2021]
Language
English
Main Author
Tobey Pearl (author)
Edition
First edition
Physical Description
xiv, 264 pages : illustrations, map ; 25 cm
Bibliography
Includes bibliographical references and index.
ISBN
9781101871713
  • A Note on Historical Context
  • Map of Area
  • Cast of Characters
  • Introduction
  • 1. Earthquakes and Omens
  • 2. Murder
  • 3. The Children's God
  • 4. Manhunt
  • 5. Escaped
  • 6. Jury Selection
  • 7. The Trial
  • 8. Outside Influence
  • 9. The Verdict
  • 10. Death and Salvation
  • Epilogue: Aftershocks
  • Acknowledgments
  • A Note on Research and Sources
  • Notes
  • Selected Bibliography
  • Index
Review by Booklist Review

In 1638, Penowanyanquis, a Native American of the Nipmuc tribe, was brutally attacked by a gang led by Arthur Peach, a disgruntled white indentured servant. The Pequot War had already pitted area tribes against each other, and Puritan colonists made matters only worse. Mortally wounded, Penowanyanquis was taken to the nearest colonial settlement, where he died in the arms of none less than Roger Williams, founder of Rhode Island. Peach and his compatriots were identified and arrested. A trial ensued, and it was not an easy matter to empanel a jury of colonists who would try the case objectively. Moreover, Massasoit, revered sachem, threatened potential reprisals if Peach and his fellows were not convicted of the murder. Lawyer Pearl's detailed account of the nascent nation's first murder trial in Plymouth Colony tells not only how it set precedents for future legal procedures, but also how it remains remarkably relevant to today's struggle to ensure justice for all. Students of colonial American history and of legal history will find this engrossing. Includes a map, photographs, and bibliography.

From Booklist, Copyright (c) American Library Association. Used with permission.
Review by Publisher's Weekly Review

Pearl, a lawyer by training, debuts with a painstaking yet accessible account of a consequential murder trial in 17th-century New England. In 1638, Penowanyanquis, a Nipmuc tribesman on a trading mission in Plymouth Colony, encountered a group of white indentured servants on a forest trail. The men, who had escaped their masters and planned to travel to the Dutch colony of New Amsterdam, had seen Penowanyanquis pass by their camp days earlier, and resolved to rob him. The gang's leader, Arthur Peach, fatally stabbed the unarmed tribesman, but before he died, Penowanyanquis told Roger Williams, governor of Providence settlement, that he'd been attacked by "four English." Peach and two of his companions were arrested, convicted by an all-white jury, and executed. Pearl argues that the verdict validated the jury system as a source of justice, paving the way for "a government for and of the people"; temporarily alleviated "the rampant fear and misgivings between settlers and indigenous tribes"; and helped bring an end to the Pequot War. Drawing extensively from primary sources, Pearl blends rigorous research with vivid storytelling and provides essential context for understanding the era. History buffs will be riveted. (Mar.)

(c) Copyright PWxyz, LLC. All rights reserved
Review by Library Journal Review

Plymouth Colony, 1638. A Nipmuc man, Penowanyanquis, is killed by a group of escaped indentured servants led by Arthur Peach. The murder has ramifications for English and Indigenous relations, as well as intertribal relations between the Nipmuc, Wampanoag, and Narragansett nations. Pearl's background in law and international relations shines through in this work, as vivid details show the complicated social, political, and economic landscape of 17th-century New England. Governor Roger Williams (c. 1603--83) of Providence, RI, and Governor John Winthrop (1588--1649) of Massachusetts Bay Colony, important figures in the history of early New England, play critical roles. Governor Thomas Prence (1600--73) of Plymouth Colony, the stalwart Puritan known as "terror to the wicked," prosecuted the Peach gang for murder. At the trial in Plymouth, Narragansett men gave testimony, with Williams providing an Algonquian translation. The development of the British law system is contextualized, especially with regard to the growing autonomy of jurors empowered to make important decisions about their communities. Also discussed are topics concerning Indigenous and indentured servitude in early New England. VERDICT Advanced readers of American history, political science, and law will enjoy this detail-rich and erudite example of crime and justice in early America.--Jeffrey Meyer, Iowa Wesleyan Univ.

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Review by Kirkus Book Review

A seemingly open-and-shut murder trial opens onto complex class and ethnic relations in the early Colonial era. In 1638, in the Plymouth Colony, a Nipmuc trader was robbed and stabbed by a gang of colonists. Before he died, he was able to tell the Colony's governor, Roger Williams, enough about the attack that authorities were able to arrest the culprits. That arrest and the subsequent legal proceedings, writes former attorney Pearl, are significant inasmuch as they represent "the Plymouth Colony's first significant murder trial." The trial placed several contending forces in motion, set against the background of a war involving colonists and Native people--and, to complicate matters, Native people who fought among themselves, with the trader likely one who "fought with his Narragansett allies in the Pequot War on the side of [the] colonists." That he spoke English and was an intermediary did not spare him from the assault perpetrated by a former soldier named Arthur Peach, who had camped with three other outlaws in the territory between the Wampanoag and Narragansett peoples in the hope of evading both, having fled from a servitude contract with a prominent colonist. In the end, the trial involved a cast of characters straight out of the history textbooks, from Williams to Myles Standish and the sachem Massasoit, who tried to intervene on Peach's behalf even as the jury also seemed inclined to take the renegade's side in the matter. Pearl sometimes overwrites ("His elders passed down countless stories involving brave sojourners unexpectedly tested by angered gods, tricksters, mischief makers, or monsters--and the man coming toward him, Arthur Peach, was a monster"), but her narrative makes a solid bookend to Jill Lepore's The Name of War in limning the complex relationships at work in a fraught place and time. A sturdy tale of Native-White relations in Colonial America that have echoes in Native legal struggles today. Copyright (c) Kirkus Reviews, used with permission.

Copyright (c) Kirkus Reviews, used with permission.

1 Earthquakes and Omens "They thought to avoyd ye pursute." --Plymouth Colony governor William Bradford Arthur Peach felt for his rapier. This weapon, his only material possession in the world, was a reassuring accessory on this journey in the peak of summer 1638. Everything else around him had deteriorated, but the metal blade remained sharp, cool, and clean. For several days, he and his companions, fellow indentured servants, had been traversing an unfamiliar forest with insufficient supplies. Now, the hellish forces of exposure and hunger wore on him and the three other men--and he had reason to fear that these men questioned his leadership. The formidable stands of oak, maple, and pine trees obstructing his view of the sky were broken up by the wetlands of Misquamsqueece, north of present-day Seekonk, Massachusetts. They stopped in an eerie spot filled with curious markings--including a foreboding imprint forged into stone known as the "Devil's Footprint." Elongated and worn deep into the dark rock, it was simply an ancient indigenous corn mortar, though Peach had no way of knowing this. Peach and his companions may have overheard the similarly sinister name for the watery region, the "Devil's Swamp." To this day, the desolate wetlands provoke the local belief that the place itself could "foster pain and evil." The men's choice to camp on the border between the Wampanoag and Narragansett territories provided an opportunity to avoid both tribes. If Peach and his companions had ventured farther east or west, they would have been confronted by indigenous men. Their location fell with precision on a natural border; six years later the spot would become the center of a large-scale land boundary dispute between the colonies. Relentless mosquitoes and slow-moving dragonflies hinted at the proximity of swampy waterways. Peach must have wished he were back in the lush expanses of his native Ireland, however contested and bloodstained. As he rested his head on a bed of dried-out pitch pine needles, he could reflect on the surreal events that had brought him to this abysmal place. Earlier in the summer, on June 1, 1638, nature itself had seemed to promise remarkable things to come. First, Peach noticed the ground in Plymouth Colony shaking under his feet with such ferocity that "with a report like continued thunder . . . chimnies were thrown down, and the pewter fell from the shelves." In describing the trembling earth, some said "that the Holy Ghost did shake it in coming down on them." The Providence patriarch Roger Williams described the accompanying din as a "kind of thunder." That was just the earthquake itself. The aftershocks rumbled on and off throughout June, and then on the twenty-fifth of that month, in a crescendo of God's mysterious works, the light drained from the moon, turning its eclipsed form from opalescent to the russet color of battle-dried blood that Peach knew well. The fantastic omens tantalized young adventurers looking for new opportunity. The servitude contract Peach had entered into with the Plymouth powerbroker Edward Winslow two years before would end when he turned twenty-five, permitting him to live as he pleased from that point on. By 1638, Peach had two years to go: nothing in the grand scheme of things, but a lifetime to a restive youth. Breach of his servitude would trigger severe punishment if he were caught, but Peach never dwelled on consequences. After the panic-inducing lunar eclipse, he set out as if pulled away by unknowable forces or the nearby tides, leaving behind debts on top of his indenture contract. Indentured servants had no right to leave the colony without expressly granted permission, and before fleeing Plymouth, Peach compounded his transgression by convincing three fellow servants to join him on his mad dash. Now, just a few days into their journey, the very presence of the companions by the campfire complicated matters for him. Reasons for impatience multiplied. So far, Peach had failed to provide much sustenance or even to navigate the woods properly. By the time they had camped in Misquamsqueece, he needed a way to prove himself a leader. A distant sound demanded attention. It was impossible to differentiate between predator and prey, at least until it--man or beast--moved closer. With daylight on them, Peach could have hunted for food, but for the moment he conserved his waning energy. In addition to the earthquake and eclipse, a less celestial but equally moving circumstance had pushed Peach out of the settlement into this wilderness. He had a sweetheart, a servant in a different household in Plymouth. He found love when it seemed least possible, during a moment of epic despair when he had been consumed with his plight in life. Peach had been living at the sprawling Careswell estate in Marshfield, Edward Winslow's manor, on the outskirts of Plymouth Colony. Poor and landless, Peach had agreed to work for the high-ranking leader, who had served twice as governor in the colony. Peach's placement with Winslow promised access to opportunity, but in practice the role did not suit him. Nor did the work. Peach hailed from a long-established family of adventurers and warriors; he wanted to own an estate, not serve one. A few short years earlier, a manor like Careswell would have been largely unheard of in Plymouth. As the settlement transitioned from terrifying ordeal to the drudgery of subsistence farming, hunting, chil­drearing, and worship, the quiet life of most of the religiously devout Pilgrims settled into a quotidian existence--but for a few, life became grander. The clapboard facade at Careswell may have been unassuming, but the building, with views out to the ocean, rambled on well beyond the needs of any New England family. The expansive stretches of farmland included a lavish range of peas, wheat, and corn crops; Winslow had created a type of estate living that was entirely novel in the New World. The ambitious settler had taken pains to show his status. Winslow came from a well-established family in England, part of the merchant class, and he was an "old-comer"--one of the first to settle the area. He had arrived on the Mayflower . Careswell would have marked him as a member of the landed gentry class, a term that had no real meaning in New England. Winslow could not have afforded such an estate in the Old World, but he had taken a gamble coming to Plymouth and stood on the cusp of making a fortune. The vast size of new estates such as Careswell could only be supported by an array of servants like Peach, purchased through indenture contracts. The Pequot War, which began in 1636, provided another labor source. Soon Plymouth's masters would be challenged with the dilemma of whether or not to "buy" indigenous slaves, tribespeople who had been taken as prisoners of war in the fighting. The moral lines quickly blurred between indentured servants, prisoners of war, and those who were penned and awaiting sale. The distinctions among the three would only become clear a lifetime later, to the horror of mothers and fathers who had fallen into the most hopeless category, slavery, which was inheritable--their children and their children's children doomed to the same fate. As an indentured servant, Peach fit a clear role on Careswell, but property owners such as Winslow remained perplexed by tribesmen and -women. During Winslow's early days in Plymouth Colony, he dismissed the idea that the indigenous people believed in God. Tribal spiritual leaders corrected his misperception, and he took quill to parchment to set the record straight: "Therein I erred, though we could then gather no better." It meant something to Winslow to understand the beliefs of the indigenous people around him, particularly on this point. To a Puritan, a faithless soul would be met with confused disdain. A believer, on the other hand, even a non-Christian, could be humanized. Just to the north, in present-day Boston, Massachusetts Bay Colony governor John Winthrop had no compunction regarding the issue of slavery. When he later wrote out his will, he allocated his estate in clear terms: "I give my son Adam my land called the Governor's Garden . . . I give him also my Indians." While Peach did not face the horrors of enslavement, the indignities of servitude plagued him. And the influx of Pequot slaves may have further roused his anger. Peach had served as a soldier in the Pequot War, likely engaged in armed fighting in 1637, just one year before his flight into the dark forests. Peach despised his enemy combatants and had no desire to work alongside them. Plymouth bitterly disappointed Peach. While New England in­denture contracts dating as late as 1634 promised, in bold hand, "one hundred acres of ground" in exchange for service, by 1636 Plymouth Colony restricted the acreage given in indenture contracts to a comparatively paltry five--and there was an easy way out for the govern­ment to leave the obligation unfulfilled. The colony declared that land would be available only to those subjectively determined to be "fit" to receive it. Soon after, Plymouth's leaders further degraded prospects for indentured servants by stipulating that land given to indentured workers would come out of their masters' acreage rather than from the colony. The bait-and-switch trapped Peach in what proved to be the latest dead end, inciting a dangerous state of rage. To make matters worse, as servants' disenfranchisement increased, freemen grew wealthier and more powerful. Arthur Peach faced the reality that, despite his newly lush surroundings with the Winslows, the "end-payments" for his servitude amounted to little more than "two suits, one for the Lord's day and one for working days." Just a few years later, the number of men willing to sign up for such servitude terms plummeted. Peach was part of the final large wave of servants helping to settle New England. It was precisely the year of his flight, 1638, in which the first generation of indenture contracts expired, with few takers to replace them. Excerpted from Terror to the Wicked: America's First Trial by Jury That Ended a War and Helped to Form a Nation by Tobey Pearl All rights reserved by the original copyright owners. Excerpts are provided for display purposes only and may not be reproduced, reprinted or distributed without the written permission of the publisher.