Report of the Judges of Oyer and Terminer to Governor George Clinton, 19 May 1778

Albany 19 th . May 1778.

Sir,

On this Day the Commission for holding a Court of Oyer and Terminer and Gaol Delivery in and for the County of Albany expires. At this Court the following persons have been convicted of capital offences. They will have this Day Judgment of Death and we have agreed to order their execution on fryday the fifth day of June next.

Of these Convicts we think it our duty to recommend the following to your Excellency for pardon, for the following Reasons.

David Dick. Because his character heretofore was uniformly that of a domestic inoffensive man, because he appears to have had very little agency in the Robbery. and that with a degree of reluctance which indicates his being a Young Sinner. And Because in our opinion he is one of the most ignorant uninformed men we ever met with.

Francis DeBoe. A Young Canadian. Because we are well informed that he rendered essential service to the American Army when in Canada and retreated with it. He is very penitent and his character heretofore good.

Benjamin Rogers. Because in our opinion the Evidence against him was insufficient, and that the offence he committed, so far as it respected the taking the Horse, amounted not to Horse stealing, but trespass–€” He is a Lad of about 18, and under the influence of his father William Rogers one of the Convicts aforesaid. 3

With respect to the other Convicts nothing appeared to us in the course of their tryals or otherwise sufficient to induce us to think them objects of mercy. Circumstances favourable to them may however be made known to your Excellency in the Course of the applications they will probably make to you, with which we are at present unacquainted. We have the Honour to be with the greatest respect and esteem Your Excellency–€™s most obedient humble Servants.

P.S. Mr. Hobart is Absent.