The experience of David Franks adds a bit of Jewish comedy to this serious scene. It appears that he still has influence to save him from severe treatment and to gain him time. On the occasion of his previous arrest in 1778, Benedict Arnold was commander of the city of Philadelphia and David Solesbury Franks was on Arnold’s staff, and if Arnold and Franks could concoct a scheme of profiteering off the closed stores of the city, it was probably not beyond them to see that the elder David Franks received favor in his case. At least, as the reader of previous articles knows, David Franks went free, although caught in the act of communicating with the enemy.
But this time there is no Benedict Arnold to help him, and his nephew, like himself, is under arrest because of Arnold’s treason. Yet the Philadelphia Jew discloses a marvelous facility of playing horse with the law.
He remained in jail until October 6, and then, strange to relate, he is given two weeks to get within the enemy’s lines. Investigation somehow has been stopped; prosecution has been sidetracked. But David found 14 days too brief a time to wind up his affairs, and he petitions for an extension of time. It is denied. Then when one week of the time had passed, Franks asks for a pass to New York for himself, daughter, man-servant and two maid-servants; this is refused and passes are authorized for himself, daughter, and one maid-servant, “provided she be an indented servant.” But David does not use these passes. He applies again for an extension of time on account of an “indisposition of body.” Thus, by keeping officials busy with his evasions and his counter-suggestions the record finds him still in Philadelphia on November 18, a month after he was supposed to be out of the country.
He makes application for another pass. The Council obediently sends him one, the secretary making this observation in his note: “The Council are much surprised that you still remain in this city, and hope that you