Note 45 — FOOTNOTES:

The defence that the accused innocently received the stolen property into his possession was a familiar one even in 1697, as appears by the following record taken from the Minutes of the Sessions. It would seem that it was even then received with some incredulity.

CITY & COUNTY OF NEW YORK: ss:

Att a Meeting of the Justices of the Peace for the said City & County att the City Hall of the said City on Thursday the 10th day of June Anno Dom 1697.

PRESENT

William Morrott } Esquires

James Graham } quorum

Jacobus Cortlandt } Esquires

Grandt Schuylor } Justices

Leonard Lowie } of the Peace

Jacobus Cortlandt, Esq., one of his Majestys Justices of the peace for ye said City and County Informed the Kings Justices that a peace of Linnen Ticking was taken out of his Shop this Morning. That he was informed a Negro Slave Named Joe was seen to take the same whereupon the said Jacobus Van Cortlandt Pursued the said Joe and apprehended him and found the said piece of ticking in his custody and had the said Negro Joe penned in the cage, upon which the said Negro man being brought before the said Justices said he did not take the said ticking out of the Shop window but that a Boy gave itt to him, but upon Examination of Sundry other Evidence itt Manifestly Appeareth to the said Justices that the said Negro man Named Joe, did steal the said piece of linnen ticking out of the Shop Window of the said Jacobus Van Cortlandt and thereupon doe order the punishment of the said Negro as follows vigt. That the said Negro man Slave Named Joe shall be forthwith by the Common whipper of the City or some of the Sheriffs officers att the Cage be stripped Naked from the Middle upwards and then and there shall be tyed to the tayle of a Cart and being soe stripped and tyed shall be Drove Round the City and Receive upon his naked body att the Corner of each Street nine lashes until he return to the place from whence he sett out and that he afterwards Stand Committed to the Sheriffs custody till he pay his fees. #/