she would not be sworn, nor give evidence; whereupon they ordered the constable to
get a warrant from a magistrate, to bring her before them. The constable was some time
gone, but at length returned, and brought her with him; and being asked why she would
not be sworn, and give her evidence? she told the grand jury she would not be sworn;
and se emed to be under some great uneasiness, or terrible apprehensions; which gave
suspicion that she know something concerning the fires that had lately happened: and
being asked a question to that purpose, she gave no answer; which increased the jealousy
that she was privy to them; and as it was thought a matter of the utmost concern, the
grand jury was very importunate, and us ed many arguments with her, in pu blic and pri-
vate, to persuade her to speak the truth, and tell all she knew about it. To this end, the
lieutenant governor’s proclamation was read to her, promising indemnity, and the
reward of one hundred pounds to any person, confederate or not, who should make dis-
covery, etc. She seemed to despise i t, nor cou ld the grand jury by any means, either
threats or promises, prevail upon her, though th ey assured her withal, that she should
have the protection of the magistrates, a nd her person be safe and secure from harm;
but hitherto all was in vain: therefore, the grand jury desired alderman Bancker to com-
mit her; and the constable was charged with her accordingly; but before he had got her
to jail, she considered better of it, and resolved to be sworn, and give her evidence in
the afternoon.
Accordingly, she being sworn, came before the grand jury; but as they were proceed-
ing to her examination, and before they asked her any questions, she told them she
would acquaint them with what she knew relating to the goods stolen from Mr. Hogg’s,
but would say nothing about the fires.
This expression thus, as it were providentially, slipping from the evidence, much
alarmed the grand jury; for, as the y naturally concluded, it did by construction amount
to an affirmative, t hat she could give an account of the occasion of the s everal fir es;
and therefore, as it highly became those gentlemen in the discharge of their trust , they
determined to use their utmost diligence to sift out the discovery, but still she remained
inflexible, till at le ngth, having recourse to religious topics, repre senting to her the he i-
nousness of the crime which she would be guilty of, if she w as privy to, and could dis-
cover so wicked a design, as the firing houses about our ears; whereby not only
people’s estates would be destroyed, but many person might lose their lives in the
flames: this she would have to answer for at the day of judgment, as much as any person
immediately concerned, because she might have prevented this destruction, and would
not; so that a m ost damnable sin would lie at her door; and w hat need she fear from
her divulging it; she was sure of the protection of the magistrates? or the grand jury
expressed themselves in words to the same purpose; which arguments at last prevailed,
and she gave the following evidence, which however, notwithstanding what had been
said, came from her, as if still under some terrible apprehensions or restraints.
Deposition, No. 1.-Mary Burton, being sworn, deposeth,
1. “That Prince ( a) and Caesar (b) brought the things of whi ch they had robbed Mr.
Hogg, to her master, John Hughson’s house, and that they were handed in through
New York Slave Insurrection (1741) 87