False, Feigned, and Scandalous Words - Sarah Howes v. William Howes, 1749, Yarmouth, MA

Have you ever stopped to wonder, say, what was going on this day in 1749?  What were the young citizens of Yarmouth doing on a raw gray fall day like today way back when?  Were they gathering the last herbs remaining in their kitchen gardens?  Were they cutting and stacking more and more wood to last the approaching winter?  In a Barnstable Court record, we find out what at least one group of youngsters of Yarmouth were doing.  In late November 1749 a group of teens and young adults were still talking about a gathering that had occurred on a Yarmouth beach several months earlier.  

Barnstable Court Records

On 20 June 1750, the Barnstable County Court issued a summons to William Howes, minor son of Judah Howes, Yeoman, of Yarmouth, to appear before the Inferior Court of Common Pleas on 8 October 1750 to answer a plea of trespass by Sarah Howes. Under Sheriff James Otis attests that he served William Howes by leaving the summons at William's usual place of abode on 17 August 1750. 

Sarah Howes, infant, sued William Howes for trespass and defamation, through her father Thomas Howes Jr. , Husbandman, also of Yarmouth.  Sarah "now and always was a true honest chaste & virtuous subject" and always lived free from suspicions of "fornication and whoredom" and had always been of good, blameless, innocent character.  Sarah claims that, due to her impeccable character, she had always expected a preferred and suitable marriage.  These prospects had been ruined due to the mere malice and intent of William Howes. Sarah claimed that William did, on the 30th of November 1749, with a loud voice within the hearing of several citizens, proclaim the false, feigned, and scandalous English words - "I went home with Sarah Howes ... [blush-causing words redacted] ... as much as I would and this is as true as the bible."  William repeated the loud words on the next day, 1 December 1749: "I had the use of Sarah Howes' body as much as I would and this is as true as the Gospel."  These scandalous words hurt Sarah's good name and reputation.  She suffered great trouble, fatigue and expense to counter William's claims to the sum of one hundred pounds. It seems Sarah may have suffered the scandal through an entire winter and spring due to William's words.  

William, through his guardian (and father) Judah Howes, pleads not guilty.

On the 16th day of October 1750 at the Inferior Court of Common Pleas held at Barnstable, Sarah Howes, infant and plaintiff in the matter, suing through her father Thomas Howes Jr. of Yarmouth, reiterates what trouble William's harmful words had caused. (Note the use of the legal term "infant" which is still used this day to refer to someone under lawful age, and the word "minor," of the same meaning, used to refer to William.)  Sarah claims that she had lost the esteem of all virtuous subjects and friends in Yarmouth and was held in contempt by her neighbors.  William Howes again pleads not guilty.  After hearing both parties, the case was committed to a jury which ultimately found for Sarah for damages in the amount of ten pounds (and not the one hundred she had claimed).  Judgment was awarded for the ten pounds plus cost of the lawsuit in the amount of three pounds, ten shillings and ten pence. Both parties entered appeal to this decision to the Superior Court which was to be held the next July 1751. 

In preparation for the defamation trial brought by Thomas Howes Jr. (Sarah's father), summonses were issued to several Yarmouth residents: Zacheus Howes, Yeoman, Allen Bangs, Cordwainer, Bethiah Howes, Thankful Howes, Mary Howes, Sarah Howes Jr., Thankful Taylor, Abigail Howes, Hannah Sears, all spinsters, of Yarmouth.  Another set of orders were issued connected to the case directly between Sarah Howes and William Howes.  Isaac Vincent and his wife Martha, Timothy Robins, David Vincent, Sarah Howes 3rd, Abigail Howes, Allen Bangs, and Nathaniel Sears, all of Yarmouth, received summonses.

On October 18, 1750, recognizances and sureties were entered by Kenelm Winslow, attorney for Sarah Howes and her father Thomas, and also entered by Cornelius Crocker, Innholder, and Edmond Hawes, Yeoman, both of Barnstable, in the event of Sarah's default to appear at the appeal. Alternatively, Judah Howes of Yarmouth, Yeoman, entered recognizances on behalf of his son William, as did James Otis Esq. and Thomas Annable Gentlemen of Barnstable.

Some recorded testimony given at this same time is informative yet confusing in that it seems there were several young women named Sarah Howes at Yarmouth at the time involved in the matter.  

Testimony of Sarah Howes (3rd):  This Sarah testifying is called "of lawful age" and therefore not the Sarah Howes bringing suit.  She is identified as Sarah Howes 3rd, and she testifies that on or about the latter day of August last (1749) or the beginning of September, she was at the beach with Sarah Studley, Abigail Howes, Nathaniel Sears, and David Vincent. She heard Sarah Howes (as they were all together) say "I make my demands for money to maintain the young one meaning as I supposed upon Nathaniel Sears and David Vincent."  

[She] further testifies that, about the latter end of August 1749, "Sarah Howes told me that Allen Bangs came to see her and she told me that Allen said he would give her a pair of stone buttons, buckles, and snuff box if she would let him "take a stroke." Sarah Howes 3rd states that "Sarah Howes told me she would not let him and she said that if she had, he would told it as the rest did."

Continuing, Sarah Howes 3rd, of full age, testifies that some time after the date above mentioned she, Abigail Howes, and Sarah Howes were "going along together." And this next line is confusing: "I (seemingly Sarah 3rd) told Sarah Howes the story, she said I did tell Abigail so." 

No record of any testimony by William Howes the defendant. 

Testimony of Isaac Vincent and Timothy Robins:  Isaac Vincent and Timothy Robins attested to what William Howes had said to them in October or November of 1749.  According to Vincent, William "went home with her," she did not seem very willing at first, but she "surrendered" and had "not so much as put a little finger on him to push him off," and that was "true as the Bible."  Timothy Robins' testimony confirms that of Vincent's, adding a little more graphic information, and instead of as true as the Bible, he used the word Gospel. Isaac Vincent did state that Sarah Howes denied the accusations.

All these statements and perhaps other evidence were put before the Superior Court held at Barnstable on 16 July 1751.  Again it went to jury, who found again for Sarah but this time awarded a slight increase in awarded damages -- twelve pounds as opposed to ten.  William's appeal was dismissed as the court had found again in Sarah's favor. What factors, what emotional testimony or evidence was brought before the court, cannot be ascertained from the court file today, and is lost to modern day readers.  It does seem Sarah and her father received some justice.  But what happened after in the small town, and in this Howes family?  I would suppose many of the witnesses were related to each other, as were probably Sarah and William themselves.  What a small place Yarmouth must have been and to have to live through such a dramatic grievance.  Who were the witnesses?  Who was Sarah, and who was William?  Using several sources: vital records, town records, the Howes Family Genealogy, and the Genealogical Notes of Cape Cod Families, among others, some of the individuals are easier to discover than others, but they all seem fairly connected by family.

William Howes:  From the court records we know that William was the minor son of Judah Howes of Yarmouth.  William was born 25 June 1732 to Judah and Susannah (Hedge) Howes of Yarmouth, living probably in the part of Yarmouth that later became Dennis.  William married Mary Howes 25 September 1756 (intentions).  Mary Howes was the daughter of John and Priscilla Howes. William and Mary had four children Isaiah, Noah, Achsah, and Nehemiah. Mary died in 1806 and William died in 1809; both are buried at the Howes Cemetery in Dennis.  William and his wife Mary share a set of great grandparents - Joseph and Elizabeth (Mayo) Howes, their grandparents were brothers - John and Joseph Howes sons of Joseph and Elizabeth Mayo.

Allen Bangs was born in 1733 and drowned 1793. He married Rebecca Howes, daughter to Joseph Howes (but not same Joseph who was father to Thankful and her siblings below).

Zacheus Howes married to Thankful Howes in 1744.  Thankful was the daughter of Joseph and Mary (Howes) Howes (but not the same Joseph as Rebecca above). Thankful Howes was sister to Abigail who married David Vincent. Another of their sisters, Sarah, born 1734 married Samuel Eldredge in 1750, is not the Plaintiff or witness in this matter as plaintiff's father's name was Thomas, and she would have been married at the time of the event. 

Sarah Howes, born in 1734 to Thomas Howes, married James Matthews in 1756, and further research needs to be done to confirm whether this was the subject Sarah of this Yarmouth case.  Most of the individuals involved, who were hanging about at the beach together in 1749, seem to have born about the same time, approximately 1732-34, which make them all about 13 to 15 years of age at the time time of the incidents. They mostly seem to have settled down in marriage -- in some cases to each other.  The Sarah Studley mentioned has not been researched to the point of identification at this time.

Unwinding the web-like connections between all involved would certainly make a great, but time consuming, project.  If this winter proves stormy enough ....