The Clove

Evidence is Presented

1. Impaneling a Grand Jury: 16 Jurors. Their role is to verify the evidence for an indictment. Not to weigh guilt or innocence.
2. The Attorney General presents the charges he proposed, along with some of the evidence. There was no defense, only an acknowledgment that the evidence provided a reasonable basis for prosecution. If not, the matter ends there.
3. All Jurymen have to be freeholders
4. The crime is upon the people of the state
5. After the verdict on the evidence the accused are set at the bar and there is the arraignment.

I’ve edited some of the following for readability:

Honored Sir, I enclose a copy of an Inquisition taken yesterday upon view of the Body of the worthy Nathaniel Strong. I send it to you to confirm the mischiefs practiced by the Notorious Claudius Smith and his party, hoping some measures may be taken to stop his career.
Excuse haste as the opportunity waits. I am with Regard, Your Excellency, most obedient Humble Servant. Wm. Holly, Coroner.
Blooming Grove Oct’r 7th 1778. Orange County

Mrs. Woodhull being Duly Sworn Saith that on the Night of the sixth of this Instant, Claudius Smith and a party of armed Men came to her House about Twelve Oclock, and did rob her and wished her husband was at Home for he would have him Dead or alive.
Sworn to me Wm. Holly Coroner

Mrs. Strong said that about one o’clock she heard some men knocking at the door and breaking in the windows, on which her husband got up and asked who was there; they answered a Friend; on which they ordered him to Lay Down his arms and open the door and they would not hurt him; he answered he would if he Could, but that they had so broke it he Did not know if he Could. They told him to lay down his Gun; he said he had; on which he stepped forward and was shot by the party that had attacked the House and further she Heared her Husband Say itwas Claudius Smith.
Sworn before Wm. Holly Coroner
These Depositions were only taken here so far as Claudius Smith and his party.
Orange County New Cornwall Precent, State of New York

Inquisition Indented taken at the house of Major Nathahiel Strong the seventh Day of October in the year of our Lord Christ 1778, and in the third year of our Independency upon View of the Body of
said Nathaniel Strong, then and there lying Dead by the oath of Daniel Colman, Benjamin Gale, John Wood, Coe Gale, Ebenezer Burling, Patrick McLaughlin, William William’s, Elija Heddy, William Bradly, Sail Colman, Jonathan Deboys, William Tuthill & Samuel Bartly, good and Lawful Men of Said county…

Do say,
Upon their oath, that on the Night of the Sixth of this insta. between one and two o’clock as it is made appear to us by the Evidence of the wife of the Deceased, A company of armed men, one of them supposed to be Claudius Smith, broke into the house, fired (shot) her husband and Killed him; that so and Not any other ways the said Nathaniel Strong is came by his death; to this Inquisition as well as the Coroner, as the Jurors Do set their hands and seals… Goshen November 14 1778 –

It is the Opinion of the Court, that a Sublaltern’s Guard ought to be kept, until
Such time as the Court of Oyer and Terminer Sets, and I Should be glad if a
Militia Guard is Continued that it might be Ordered out of Coll. Hathorns
Redgment…

From Gov. Clinton:
We have Claudius Smith, Austin Smith and several other Capital Offenders in
Prison here. They are well secured with Irons and added to this the principal
People of the Place to the Number of 30 have voluntarily divided themselves into parties of 6 each night. They sit in the Court Room and visit the Prisoners every Hour and mean to continue this Duty…Let me therefore recommend similar Measures to be pursued by the Inhabitants of Goshen who I trust have at least equal Zeal for the Public Security. It will keep your Prisoners safe and ease the ordinary militia of a Share of Duty that does not properly belong to them…