On the 24th of July, Elias Desbroses, confectioner, being called, swore that Ury had come to his shop with one Webb, a carpenter, and inquired for sugar-bits, or wafers, and asked him "whether a minister had not his wafers of him? or, whether that paste, which the deponent showed him, was not made of the same ingredients as the Luthern minister's?" or words to that effect: the deponent told Ury that if he desired such things a joiner would make him a mould; and that when he asked him whether he had a congregation, Ury "waived giving him an answer."
On the 27th of July, Mr. Webb, the carpenter, was called to the witness-stand and testified as follows: That he had met Ury at John Croker's (at the Fighting Cocks), where he became acquainted with him; that he had heard him read Latin and English so admirably that he employed him to teach his child; that finding out that he was a school-teacher, he invited him to board at his house without charge; that he understood from him that he was a non-juring minister, had written a book that had drawn the fire of the Church, was charged with treason, and driven out of England, sustaining the loss of "a living" worth fifty pounds a year; that on religious matters the deponent could not always comprehend him; that the accused said Negroes were only fit for slaves, and to put them above that condition was to invite them to cut your throats. The observing Horsemanden was so much pleased with the above declaration, that he gives Ury credit in a footnote for understanding the dispositions of Negroes! 251Farther on Mr. Webb says, that, after one Campbell removed to Hughson's, Ury went thither, and so did the deponent on three different times, and heard him read prayers after the manner of the Church of England; but in the prayer for the king he only mentioned "our sovereign lord the King," and not "King George." He said that Ury pleaded against drunkenness, debauchery, and Deists; that he admonished every one to keep his own minister; that when the third sermon was delivered one Mr. Hildreth was present, when Ury found fault with certain doctrines, insisted that good works as well as faith were necessary to salvation; that he announced that on a certain evening he would preach from the text, "Upon this rock I will build my church, and the gates of hell shall not prevail against it; and whosoever sins ye remit, they are remitted, and whosoever sins ye retain, they are retained."
The judges, delighted with this flavor added to the usually dry proceedings, thought they had better call Sarah Hughson; that if she were grateful for her freedom she would furnish the testimony their honors desired. Sarah was accordingly called. She is recommended for mercy. She is, of course, to say what is put in her mouth, to give testimony such as the court desires. So the fate of the poor schoolmaster was placed in the keeping of the fateful Sarah.
On the 28th of July another grand jury was sworn, and, like the old one, was composed of merchants. The following persons composed it: Joseph Robinson, James Livingston, Hermanus Rutgers, jun., Charles LeRoux, Abraham Boelen, Peter Rutgers, Jacobus Roosevelt, John Auboyneau, Stephen Van Courtlandt, jun., Abraham Lynsen, Gerardus Duyckinck, John Provost, Henry Lane, jun., Henry Cuyler, John Roosevelt, Abraham DePeyster, Edward Hicks, Joseph Ryall, Peter Schuyler, and Peter Jay. 252
Sarah Hughson had been pardoned. John Ury was brought into court, when he challenged some of the jury. William Hammersley, Gerardus Beekman, John Shurmur, Sidney Breese, Daniel Shatford, Thomas Behenna, Peter Fresneau, Thomas Willett, John Breese, John Hastier, James Tucker, and Brandt Schuyler were sworn to try him. Barring formalities, he was arraigned upon the old indictment; viz., felony, in inciting and exciting the Negro slave Quack to set fire to the governor's house. The king's counsel were the attorney-general, Richard Bradley, and Messrs. Murray, Alexander, Smith, and Chambers. Poor Ury had no counsel, no sympathizers. The attorney-general, in an opening speech to the jury, said that certain evidence was to be produced showing that the prisoner at the bar was guilty as charged in the indictment; that he had a letter that he desired to read to them, which had been sent to Lieut.-Gov. Clark, written by Gen. Oglethorpe ("the visionary Lycurgus of Georgia"), bearing date of the 16th of May. The following is a choice passage from the letter referred to:—
"Some intelligence I had of a villanous design of a very extraordinary nature, and if true very important, viz., that the Spaniards had employed emissaries to burn all the magazines and considerable towns in the English North America, and thereby to prevent the subsisting of the great expedition and fleet in the West Indies; and for this purpose many priests were employed, who pretended to be physicians, dancing-masters, and other such kinds of occupations, and under that pretence to get admittance and confidence in families." 253
The burden of his effort was the wickedness of Popery and the Roman-Catholic Church. The first witness called was the irrepressible Mary Burton. She began by rehearsing the old story of setting fire to the houses: but this time she varied it somewhat; it was not the fort that was to be burnt first, but Croker's, near a coffee-house, by the long bridge. She remembered the ring drawn with chalk, saw things in it that looked like rats (the good Horsemanden throws a flood of light upon this otherwise dark passage by telling his reader that it was the Negroes' black toes!); that she peeped in once and saw a black thing like a child, and Ury with a book in his hand, and at this moment she let a silver spoon drop, and Ury chased her, and would have caught her, had she not fallen into a bucket of water, and thus marvellously escaped! But the rule was to send this curious Mary to bed when any thing of an unusual nature was going on. Ury asked her some questions.
" Prisoner .—You say you have seen me several times at Hughson's, what clothes did I usually wear?
" Mary Burton .—I cannot tell what clothes you wore particularly.
" Prisoner. —That is strange, and know me so well?"
She then says several kinds, but particularly, or chiefly, a riding-coat, and often a brown coat, trimmed with black.
" Prisoner .—I never wore such a coat. What time of the day did I used to come to Hughson's?
" M. Burton .—You used chiefly to come in the night-time, and when I have been going to bed I have seen you undressing in Peggy's room, as if you were to lie there; but I cannot say that you did, for you were always gone before I was up in the morning.
" Prisoner .—What room was I in when I called Mary, and you came up, as you said?
" M. Burton .—In the great room, up stairs.
" Prisoner .—What answer did the Negroes make, when I offered to forgive them their sins, as you said?
" M. Burton .—I don't remember." 254
William Kane, the soldier, took the stand. He was very bold to answer all of Ury's questions. He saw him baptize a child, could forgive sins, and wanted to convert him! Sarah Hughson was next called, but Ury objected to her because she had been convicted. The judge informed him that she had been pardoned, and was, therefore, competent as a witness. Judge Horsemanden was careful to produce newspaper scraps to prove that the court of France had endeavored to create and excite revolts and insurrections in the English colonies, and ended by telling a pathetic story about an Irish schoolmaster in Ulster County who drank the health of the king of Spain! 255This had great weight with the jury, no doubt. Poor Ury, convicted upon the evidence of three notorious liars, without counsel, was left to defend himself. He addressed the jury in an earnest and intelligent manner. He showed where the evidence clashed; that the charges were not in harmony with his previous character, the silence of Quack and others already executed. He showed that Mr. Campbell took possession of the house that Hughson had occupied, on the 1st of May; that at that time Hughson and his wife were in jail, and Sarah in the house; that Sarah abused Campbell, and that he reproved her for the foul language she used; and that this furnished her with an additional motive to accuse him; that he never knew Hughson or any of the family. Mr. John Croker testified that Ury never kept company with Negroes, nor did he receive them at Croker's house up to the 1st of May, for all the plotting was done before that date; that he was a quiet, pious preacher, and an excellent schoolmaster; that he taught Webb's child, and always declared himself a non-juring clergyman of the Church of England. But the fatal revelation of this friend of Ury's was, that Webb made him a desk; and the jury thought they saw in it an altar for a Catholic priest! That was enough. The attorney-general told the jury that the prisoner was a Romish priest, and then proceeded to prove the exceeding sinfulness of that Church. Acknowledging the paucity of the evidence intended to prove him a priest, the learned gentleman hastened to dilate upon all the dark deeds of Rome, and thereby poisoned the minds of the jury against the unfortunate Ury. He was found guilty, and on the 29th of August, 1741, was hanged, professing his innocence, and submitting cheerfully to a cruel and unjust death as a servant of the Lord. 256
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