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diff --git a/16419.txt b/16419.txt new file mode 100644 index 0000000..00857cf --- /dev/null +++ b/16419.txt @@ -0,0 +1,2832 @@ +The Project Gutenberg EBook of The Olden Time Series, Vol. 5: Some Strange +and Curious Punishments, by Henry M. Brooks + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Olden Time Series, Vol. 5: Some Strange and Curious Punishments + Gleanings Chiefly from Old Newspapers of Boston and Salem, Massachusetts + +Author: Henry M. Brooks + +Release Date: August 3, 2005 [EBook #16419] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK THE OLDEN TIME SERIES *** + + + + +Produced by Juliet Sutherland and the Online Distributed +Proofreading Team at https://www.pgdp.net + + + + + + +_THE OLDEN-TIME SERIES._ + +16mo. Per vol., 50 cents. + + + +There appears to be, from year to year, a growing popular taste for +quaint and curious reminiscences of "Ye Olden Time," and to meet this, +Mr. Henry M. Brooks has prepared a series of interesting handbooks. +The materials have been gleaned chiefly from old newspapers of Boston +and Salem, sources not easily accessible, and while not professing to +be history, the volumes contain much material for history, so combined +and presented as to be both amusing and instructive. The titles of +some of the volumes indicate their scope and their promise of +entertainment:-- + +CURIOSITIES OF THE OLD LOTTERY. + +DAYS OF THE SPINNING-WHEEL. + +SOME STRANGE AND CURIOUS PUNISHMENTS. + +QUAINT AND CURIOUS ADVERTISEMENTS. + +LITERARY CURIOSITIES. + +NEW-ENGLAND SUNDAY, ETC. + + + +"It has been the good fortune of the writer to be allowed a peep at +the manuscript for this series, and he can assure the lovers of the +historical and the quaint in literature that something both valuable +and pleasant is in store for them. In the specialties treated of in +these books Mr. Brooks has been for many years a careful collector and +student, and it is gratifying to learn that the material is to be +committed to book form."--_Salem Gazette._ + + + +_For sale by all Booksellers. Sent, post-paid, upon receipt of price. +Catalogues of our books mailed free._ + +TICKNOR & CO., BOSTON. + + + +THE OLDEN TIME SERIES + +SOME STRANGE AND CURIOUS PUNISHMENTS + + +_Yet, taught by time, my heart has learned to glow +For others' good, and melt at others' woe._ + + POPE: Odyssey. + +_But hushed be every thought that springs +From out the bitterness of things._ + + WORDSWORTH. + + + +THE OLDEN TIME SERIES. + +GLEANINGS CHIEFLY FROM OLD NEWSPAPERS OF BOSTON AND SALEM, MASSACHUSETTS + +SELECTED AND ARRANGED, WITH BRIEF COMMENTS + +BY + +HENRY M. BROOKS + + + +Some Strange and Curious Punishments + +"Old and new make the warp and woof of every moment. There is +no thread that is not a twist of these two strands. By necessity, by +proclivity, and by delight, we all quote."--EMERSON + +BOSTON +TICKNOR AND COMPANY +1886 + + +_Copyright, 1886_, +BY TICKNOR AND COMPANY. + +_All rights reserved._ + +University Press: +JOHN WILSON AND SON, CAMBRIDGE. + + + + +PUNISHMENTS MENTIONED. + + PAGE + +ARREST of the dead 86 + + +BACK "dress'd" 63 + +Banished 10 + +Books burned 15, 16 + +Bound and chained 8 + +Branded with a hot iron 2, 3, 43 + +Burned 83 + + +CLEFT stick put on tongue 8 + +Confined at Castle Island 5, 48 + + +EARS cropped 3, 10, 24 + +Eating one's own words 67 + +Executed (of frequent mention). + + +FINE and imprisonment (of frequent mention). + + +GAGGED and dipped or ducked (of frequent mention). + + +HUNG in chains 14, 15 + + +IMPRISONMENT for debt 70, 71 + +In the bilboes 35 + +In the pillory (of frequent mention). + +In the stocks 35 + +In the stocks on lecture-day 8 + + +"KISSING the Yssrow" 44 + + +LIMITS of the jail 70, 71 + + +PAPER on the breast with the word _Cheat_ 33 + +Prisoners sold 21, 22, 47, 48, 49 + +Prosecution against animals 78 + + +SENT back to England 51 + +Sent to Castle Island to make nails 65 + +Sewed up in bed-clothes and thrashed 68 + + +TIED neck and heels and thrown into a pond 28 + +Tied to a gun and whipped 20 + +Tied to a tree and chastised 81 + +Tongue bored with a hot iron 20 + +Tread-mill 71 to 76 + + +UPON the gallows with rope about the neck (of frequent mention). + + +WHIPPED at the cart's tail 1, 9 + +Whipping-post (of frequent mention). + + + + +SOME STRANGE AND CURIOUS PUNISHMENTS. + + ------------------------- + +In the month of January, 1761, "Joseph Bennett, John Jenkins, Owen +McCarty, and John Wright were publickly whipt at the Cart's Tail thro' +the City of New York for petty Larceny,"--so the newspaper account +states,--"pursuant to Sentence inflicted on them by the Court of +Quarter Sessions held last Week for the Trial of Robbers," etc. In +March the same year "One Andrew Cayto received 49 Stripes at the +public Whipping Post" in Boston "for House-robbing; viz., 39 for +robbing one House, and 10 for robbing another." In 1762 "Jeremiah +Dexter, of Walpole, pursuant to Sentence, stood in the Pillory in that +Town the space of one Hour for uttering two Counterfeit Mill'd +Dollars, knowing them to be such." At Ipswich, Mass., June 16, 1763, +"one Francis Brown, for stealing a large quantity of Goods, was found +Guilty, and it being the second Conviction, he was sentenced by the +Court to sit on the Gallows an Hour with a Rope about his Neck, to be +whipt 30 Stripes, and pay treble Damages. He says he was born in +Lisbon, and has been a great Thief." + +We extract the following from the "Boston Chronicle," Nov. 20, 1769:-- + + We hear from Worcester that on the eighth instant one Lindsay + stood in the Pillory there one hour, after which he received 30 + stripes at the public whipping post, and was then branded in the + hand; his crime was forgery. + +Lindsay was probably branded with the letter F, by means of a hot +iron, on the palm of his right hand; this was the custom in such +cases. + +In Boston, in June, 1762, "the noted Dr. Seth Hudson and Joshua How +stood a second Time in the Pillory for the space of one Hour, and the +former received 20 and the latter 39 Stripes." In the same town in +February, 1764, "one David Powers for Stealing was sentenced to be +whip't 20 Stripes, to pay tripel Damages, being L30, and Costs. And +one John Gray, Cordwainer, for endeavouring to spread the Infection of +the Small Pox, was sentenced to pay a Fine of L6, to suffer three +months' Imprisonment, and to pay Costs." In New York in January, 1767, +"A Negro Wench was executed for stealing sundry Articles out of the +House of Mr. Forbes; and one John Douglass was burnt in the Hand for +Stealing a Copper Kettle." In the last half of the eighteenth century +it appears to have been a capital crime for negroes to steal. At +Springfield, Mass., in October, 1767, "one Elnathan Muggin was found +Guilty of passing Counterfeit Dollars, and sentenced to have his Ears +cropped," etc. On reading these quaint accounts we are led to inquire +whether the punishment for crime in "olden times" was more severe than +at the present time. Many people think it was, and justly so, and +argue that crime has consequently greatly increased of late years, on +account of the lightness of modern sentences or the uncertainty about +punishment. This may be true. Crime is said to increase with +population always. According to Mr. Buckle, it can be calculated with +a considerable degree of accuracy. We can estimate, for instance, the +probable number of murders which will take place in a year in a given +number of inhabitants. Whether this theory is true or not would +require a vast amount of study and observation to determine. We know +that population in our time crowds in cities; especially is this true +of the classes most likely to furnish criminals. Still, in spite of +this, do not most of us feel that it has of late years been rather +safer to reside in a city than in the country? Consider the numbers of +lawless and too often cruel tramps which have overrun the country +towns and villages for a few years past, making it so unsafe for women +to walk unattended in woods and highways, even in the quietest parts +of New England, where once they could go with perfect safety alone and +at all hours. No laws can be too severe against _cruel_ tramps. It has +been affirmed that people who live in cities are in reality more moral +than country people of the same class. + +Is this state of things brought about by the infliction of light +sentences, or is it caused by the increase among us of a bad foreign +element? We have heard many serious and humane persons express +themselves as in favor of a restoration of the whipping-post and +stocks, really supposing that these things would lessen crime. But is +it likely that the old methods of punishment would be considered by +criminals themselves as severer than the present? Let us see what some +of the last century rogues thought about the matter. At a session of +the Supreme Judicial Court held at Salem, Mass., in December, 1788, +one James Ray was sentenced, for stealing goods from the shop of +Captain John Hathorne (a relative of Nathaniel Hawthorne), to sit upon +the gallows with a rope about his neck for an hour, to be whipped with +thirty-nine stripes, and to be confined to hard labor on Castle Island +(Boston Harbor) for three years. "It is observable of this man," the +account continues, "that he has been lately released from a two years' +service at the Castle, that during the trial he was very merry and +impudent, and continued in the same humor while his sentence was +reading, holding up his head and looking boldly at the Court, till the +three years' confinement was mentioned; when his countenance changed, +his head dropped on his breast, and he fetched a deep groan,--an +instance of how much more dreadful the idea of labor is to such +villains than that of Corporal punishment." + +At a session of the Court of Oyer and Terminer held at Norristown, +Pa., for the county of Montgomery, Oct. 11, 1786, we are furnished +with a case in point. "A bill was presented against Philip Hoosnagle +for burglary, who was convicted by the traverse Jury on the clearest +testimony. He was, after a very pathetick and instructing admonition +from the bench, sentenced to five years' hard labour, under the _new_ +act of Assembly. It was with some difficulty that this reprobate +was prevailed upon to make the election of labour instead of the +halter, ... a convincing proof," the report says, "that the punishments +directed by the new law are more terrifying to idle vagabonds than all +the horrors of an ignominious death." + +Probably there are many more cases on record where criminals preferred +death to imprisonment. Burglary and forgery were once punished by +death. We have all noticed on the old Continental currency these +words: "Death to counterfeit this." + +On the 17th June, 1791, Samuel Cook, in the eighty-fourth year of his +age, was executed at Johnstown, N.Y., for forgery. On the 6th +December, 1787, William Clarke was executed at Northampton for +burglary; the same day Charles Rose and Jonathan Bly were executed at +Lenox for robbery. On the 4th May, 1786, at Worcester, Johnson Green, +indicted for three burglaries committed in one night within the space +of about half a mile, was tried on one indictment, convicted, and +received sentence of death. The papers contain numerous similar cases. +It would be useless to enumerate them all; we give only a few in order +to show what the punishment formerly awarded to these crimes really +was. We do not, of course, know the circumstances attending all these +cases; but robbery and burglary are usually premeditated, and the +criminals are prepared to commit murder if it should be necessary for +their purpose, so that we can have no sympathy with the perpetrators. +Our sympathy ought, we think, to go to the victims. + + ------------------------- + +OLD NEW ENGLAND. + +Early in the settlement of New England, as is pretty generally known, +some of the laws and punishments were singular enough. A few extracts +from Felt's "Annals of Salem" may not be out of place here, as +illustrating our subject:-- + + "In 1637, Dorothy Talby, for beating her husband, is _ordered to + be bound and chained to a post_." + + "In 1638, the Assistants order two Salem men to _sit in the + Stocks, on Lecture day_, for travelling on the Sabbath." + + "In 1644, Mary, wife of Thomas Oliver, was sentenced _to be + publickly whipped_ for reproaching the Magistrates." + + "In August, 1646, for slandering the Elders, she had a _cleft + stick put on her tongue for half an hour_." Felt says: "It is + evident that her standing out for what she considered 'woman's + rights' brought her into frequent and severe trouble. Mr. + Winthrop says that she excelled Mrs. Hutchinson in zeal and + eloquence." + +She finally, in 1650, left the colony, after having caused much +trouble to the Church and the authorities. + + "In 1649, women were prosecuted in Salem for scolding," and + probably in many cases whipped or ducked. + + "May 15, 1672, the General Court of Massachusetts orders that + Scolds and Railers shall be gagged or set in a ducking-stool and + dipped over head and ears three times." + +This treatment we should suppose would be likely to make the victims +_very pleasant_, especially in cold weather. + + "May 3, 1669, Thomas Maule is ordered to be whipped for saying + that Mr. Higginson preached lies, and that his instruction was + 'the doctrine of devils.'" + +Josiah Southwick, Mrs. Wilson, Mrs. Buffum, and others, Quakers, for +making disturbances in the meeting-house, etc., were whipped at the +cart's tail through the town. Southwick, for returning after having +been banished, was whipped through the towns of Boston, Roxbury, and +Dedham. These are only a few of the cases of the punishments inflicted +upon the Quakers. Mr. Felt says in reference to the persecution of the +Quakers: + + "Before any new denomination becomes consolidated, some of its + members are apt to show more zeal than discretion. No sect who are + regular and useful should have an ill name for the improprieties + committed by a few of them." + +Our "pious forefathers," we must confess, were too apt to be a little +hard towards those who annoyed them with their tongue and pen upon +Church doctrine and discipline or the administration of the +government. As early as 1631, one Philip Ratclif is sentenced by the +Assistants to pay L40, to be whipped, to have his ears cropped, and +to be banished. What had he done to merit such a punishment as this? +He had made "hard speeches against Salem Church, as well as the +Government." "The execution of this decision," Mr. Felt says, "was +represented in England to the great disadvantage of Massachusetts." +Jeffries was not yet on the bench in England. + +In 1652 a man was fined for excess of apparel "in bootes, rebonds, +gould and silver lace." + +Mr. Charles W. Palfrey contributed in 1866 to the "Salem Register" the +following interesting item on the Salem witchcraft trials: + + Among the many attempts to remedy the mischiefs caused by the + witchcraft delusion, the subjoined is not without interest. About + eighteen years after the memorable year, 1692, four members, a + committee of the Legislature, were sent to Salem to hear certain + parties and receive certain petitions, and the following is the + record, in the Journal, of their Report:-- + + October 26, 1711. Present in Council, His Excellency Joseph + Dudley, Esqr., Governor, John Hathorne, Samuel Sewall, Jonathan + Corwin, Joseph Lynde, Penn Townsend, John Higginson, Daniel Epes, + Andrew Belcher, etc., etc. + + Report of the Committee appointed, Relating to the Affair of + Witchcraft in the year 1692; viz.-- + + We whose Names are subscribed in Obedience to your Honours' Act at + a Court held the last of May, 1710, for our inserting the Names of + the several Persons who were condemned for Witchcraft in the year + 1692, & of the Damages they sustained by their prosecution; Being + met at Salem, for the Ends aforesaid, the 13th Septem., 1710, Upon + Examination of the Records of the several Persons condemned, + Humbly offer to your Honours the Names as follows, to be inserted + for the Reversing their Attainders: Elizabeth How, George Jacob, + Mary Easty, Mary Parker, Mr. George Burroughs, Gyles Cory & Wife, + Rebecca Nurse, John Willard, Sarah Good, Martha Carrier, Samuel + Wardel, John Procter, Sarah Wild, Mary Bradbury, Abigail Falkner, + Abigail Hobbs, Ann Foster, Rebecca Eams, Dorcas Hoar, Mary Post, + Mary Lacy: + + And having heard the several Demands of the Damages of the + aforesaid Persons & those in their behalf; & upon Conference have + so moderated their respective Demands that We doubt not but they + will be readily complied with by your Honours. + + Which respective Demands are as follows:-- + + Elizabeth How, Twelve Pounds; George Jacob, Seventy nine Pounds; + Mary Easty, Twenty Pounds; Mary Parker, Eight Pounds; Mr. George + Burroughs, Fifty Pounds; Gyles Core & Martha Core his Wife, Twenty + one Pounds; Rebecca Nurse, Twenty five Pounds; John Willard, + Twenty Pounds; Sarah Good, Thirty Pounds; Martha Carrier, Seven + Pounds six shillings; Samuel Wardell & Sarah his Wife, Thirty six + Pounds fifteen shillings; John Proctor & ---- Proctor his Wife, + One Hundred and fifty Pounds; Sarah Wilde, Fourteen Pounds; Mrs. + Mary Bradbury, Twenty Pounds; Abigail Faulkner, Twenty Pounds; + Abigail Hobbs, Ten Pounds; Ann Foster, Six Pounds ten shillings; + Rebecca Eams, Ten Pounds; Dorcas Hoar, Twenty one Pounds seventeen + shillings; Mary Post Eight Pounds fourteen shillings; Mary Lacey + Eight Pounds ten shillings. The Whole amounting unto Five Hundred + & seventy eight Pounds, & twelve shillings. + + (Sign'd) Jno. Appleton, Thomas Noyes, John Burrill, + Nehem'a Jewett. + + Salem, Septemr. 14, 1711. + + Read & Accepted in the House of Represent'ves + Signed JOHN BURRILL Speak'r + + Read & Concur'd in Council + Consented to J. DUDLEY. + + The following quaint memorandum of the expenses of the commission + is minuted in the report, viz.:-- + + _Ye Acct of gr servts_ + + Charges 3 days a peis ourselves & horses 4.0.0. + Entertainment at Salem Mr. Pratts 1.3.0. + Major Sewals attendans & sendg notifications + to all Concerned 1.0.0. + ------- + L6.3.0. + +It is a grave error into which many modern writers have been drawn, +when alluding to Salem witchcraft, to lay the responsibility of that +dire delusion entirely upon Salem people, as if they alone were to +be held accountable for the dreadful occurrences of 1692. The laws +of England in those days, all the authorities of New England, and, +with but rare exceptions, all the people everywhere throughout the +civilized world, recognized witchcraft as a fact and believed it to +be a crime. The most learned men in England and in other countries +believed fully in witchcraft. Sir Matthew Hale had given a legal +opinion on the subject; Lord Bacon believed in witchcraft; and there +are strong reasons for thinking that Shakspeare and other great men +of the time of Queen Elizabeth and still later believed in it fully. +Cotton Mather, Judge Sewall, Peter Sargent, Lieutenant-Governor +Stoughton, all belonging to Boston, were the leaders in the +proceedings against the witches of 1692. + + ------------------------- + +HUNG IN CHAINS. + +In the papers that we have examined we have not found any instances +recorded of the old English law of hanging the remains of executed +criminals in chains as having been carried into effect in our country. +But from some investigations of Mr. James E. Mauran, of Newport, R.I., +we learn that on March 12, 1715, one Mecum of that town was executed +for murder and his body was hung in chains on Miantonomy Hill, where +the remains of an Indian were then hanging, who had been executed +Sept. 12, 1712. Mecum was a Scotchman, and lived at the head of Broad +Street. A negro was hanged in Newport in 1679, and his remains were +exposed on the same hill. + + ------------------------- + +A BOOK ORDERED TO BE BURNED BY THE COUNCIL IN 1695. + +The "Salem Observer" of Feb. 14, 1829, quotes from the Rev. Dr. +Bentley's "Diary" as follows:-- + + Tho's Maule, shopkeeper of Salem, is brought before the Council + to answer for his printing and publishing a pamphlet of 260 + pages, entitled "Truth held forth and maintained," owns the book + but will not own all, till he sees his copy which is at New-York + with Bradford, who printed it. Saith he writt to ye Gov'r of N. + York before he could get it printed. Book is ordered to be + burnt--being stuff'd with notorious lyes and scandals, and he + recognizes to answer it next Court of Assize and gen'l gaol + delivery to be held for the County of Essex. He acknowledges that + what was written concerning the circumstance of Major Gen. + Atherton's death was a mistake (p. 112 and 113), was chiefly + insisted on against him, which I believe was a surprize to him, + he expecting to be examined in some point of religion, as should + seem by his bringing his bible under his arm. + +Thomas Maule was a Quaker who lived in Essex Street, Salem, on the +spot now occupied by James B. Curwen, Esq., as a residence. + +Imported books were ordered to be burned in Boston as early as 1653, +by command of the General Court; but we believe this is the first +instance of burning an American book. + + ------------------------- + +Punishment for wearing long hair in New England. From an old Salem +paper. + + PURITANICAL ZEAL. It is known that there was one of the statutes + in our ancestors' code which imposed a penalty for the wearing of + long hair. At the time Endicott was the magistrate of this town + he caused the following order to be passed:-- + + "John Gatshell is fyened ten shillings for building upon the + town's ground without leave; and in case he shall cutt of his + loung hair of his head in to sevill frame (fewell flame?) in the + meane time, shall have abated five shillings his fine, to be + paid in to the Towne meeting within two months from this time, + and have leave to go in his building in the meantime." + +Purchas says of long hair that-- + + "It is an ornament to the female sex, a token of subjection, an + ensign of modesty; but modesty grows short in men as their hair + grows long, and a neat perfumed, frizled, pouldered bush hangs + but as a token,--_vini non vendibilis_, of much wine, little wit, + of men weary of manhood, of civility, of christianity, which + would faine turn (as the least doe imitate) American salvages, + infidels, barbarians, or women at the least and best." + +Prynne, who wrote in 1632, considers men who nourish their hair like +women, as an abomination to the Lord, and says-- + + "No wonder that the wearing of long haire should make men + abominable unto God himselfe, since it was an abomination even + among heathen men. Witnesse the examples of Heliogabalus, + Sardanapalus, Nero, Sporus, Caius Caligula, and others." + +He refers to the opinions of the fathers and the decrees of the Old +Councils to prove that-- + + "Long hair and love locks are bushes of vanity whereby the Devil + leads and holds men captive." + + ------------------------- + +In a Boston paper, Aug. 11, 1789, we find the following ludicrous +account of the unfaithfulness of an officer in the duty of whipping +a culprit:-- + + On Thursday, 11 culprits received the discipline of the + post in this town. The person obtained by the High Sheriff to + inflict the punishment, from sympathetick feeling for his + brother culprits, was very tender in dealing out his strokes, + and not adding weight to them, although repeatedly ordered; the + Sheriff, to his honour, took the whip from his hand, by an + application of it to his shoulders drove him from the stage, + and with the assistance of his Deputies inflicted the + punishment of the law on all the culprits. The citizens who + were assembled, complimented the Sheriff with three cheers for + the manly, determined manner in which he executed his duty. + + ------------------------- + +In the "Boston Courier," September, 1825, is an account of the +conviction of a common drunkard at the age of 103! It seems hardly +possible that such a case could have occurred, and in New England, +too. This item is copied from the "Salem Observer." If it is true, it +can hardly be said that the man shortened his days by the use of +liquor. They had, however, good, pure rum in those days. + + POLICE COURT. Donald McDonald, a Scotchman reported to be _one + hundred and three years of age_, was brought before the court + yesterday charged with being a common drunkard, of which he had + been convicted once before. Donald stated that he had been in + various battles of the Revolution, had sailed with Paul Jones, + and was at the taking of Quebec. He was found guilty and + sentenced to the House of Correction for three months. + + ------------------------- + + Donald M'Donald, the Scotchman, who has numbered upwards of 110 + years, was sent to the House of Industry on Saturday of last + week, in a state of intoxication. He had been suffered to go at + large but four days previous, and during two of them was seen + about our streets a drunken brawler.--_Boston Patriot_, 1829. + + ------------------------- + +NEW ENGLAND IN 1686. + +John Dunton, writing from Boston in 1686 to his friends in England, +quotes some of the Province laws then in force. He says:-- + + For being drunk they either Whip or impose a Fine of Five + shillings; And yet, notwithstanding this Law, there are several + of them so addicted to it that they begin to doubt whether it be + a Sin or no, and seldom go to Bed without Muddy Brains. + + For Cursing and Swearing they bore through the Tongue with a hot + Iron. + + For kissing a woman in the Street, though but in way of Civil + Salute, Whipping or a Fine (Their way of Whipping Criminals is by + Tying them to a Gun at the Town House, and when so Ty'd whipping + them at the pleasure of the Magistrate and according to the + Nature of the Offence). + + For Adultery they are put to Death, and so for Witchcraft, For + that, there are a great many Witches in this Country &c. + + Scolds they gag and set them at their own Doors, for certain + hours together for all comers and goers to gaze at. Were this a + Law in England and well Executed it wou'd in a little Time prove + an Effectual Remedy to cure the Noise that is in many Women's + heads. + + Stealing is punished with Restoring four-fold if able; if not, + they are sold for some years, and so are poor Debtors. I have not + heard of many Criminals of this sort. But for Lying and Cheating + they out-vye Judas and all the false other cheats in Hell. Nay, + they make a Sport of it: Looking upon Cheating as a commendable + Piece of Ingenuity, commending him that has the most skill to + commit a piece of Roguery; which in their Dialect (like those of + our Yea-and-Nay-Friends in England) they call by the genteel Name + of Out-Witting a Man and won't own it to be cheating. + +After mentioning the case of a man in Boston who bought a horse of a +countryman who could not read and gave him a note payable at the "Day +of the Resurrection," etc. Dunton goes on to say: "In short, These +Bostonians enrich themselves by the ruine of Strangers, etc.... But +all these things pass under the Notion of Self-Preservation and +Christian Policy." + +It would hardly be fair to quote all this from Dunton's letters unless +we added what he says of Boston in another place; namely, "And though +the Generality are what I have described them, yet is there as sincere +a Pious and truly Religious People among them as is any where in the +Whole World to be found." + + ------------------------- + +It seems to have been quite common at one time to sell prisoners. At +the Supreme Judicial Court in Salem, in November, 1787, "Elizabeth +Leathe of Lynn, for harbouring thieves and receiving stolen goods, was +convicted and sentenced to be whipped twenty stripes and to be sold +for six months." Also at a session of the same Court, held in Boston +in September, 1791, six persons were convicted of theft and sentenced +to be whipped and pay costs, or to be sold for periods of from six +months to four years. At this same Court one Seth Johnson appears to +have received what seems to us a rather severe sentence, although of +course we do not know all the circumstances of the case. He was +convicted of theft on three indictments and was sentenced to be "whipt +65 stripes and confined to hard labor for nine years." The Court at +Salem, before referred to, passed on one Catharine Derby a very heavy +sentence for stealing from Captain Hathorne's shop. It was, "To sit +upon the gallows one hour with a rope about her neck, to be whipped 20 +stripes, pay L14 to Capt. Hathorne, and costs of prosecution." This is +almost as bad as the old saying, "being hung and paying forty +shillings." + +This practice of selling convicts was nothing more or less than making +slaves of them,--for a limited period, of course; but perhaps it was +in many instances a punishment more to be desired by the victims than +being confined in prison, especially if they were well treated. The +prisons in those days had not "modern conveniences," and probably in +some cases were hardly decent. The condition of the jail in Portsmouth, +N.H., in February, 1789, is thus described by a prisoner who made his +escape from there by digging through the chimney. His account is +interesting in this connection. The paper from which we take it says: +"But for fear his quitting his lodgings in so abrupt a manner might +lay him open to censure, he wrote the following on the wall:-- + + "The reason of my going is because I have _no fire_ to comfort + myself with, and very _little_ provision. So I am sure, if I was + to _stay_ any longer I should perish to death. Look at that bed + there! Do you think it fit for any person to lie on? + + "If you are well, I am well; + Mend the chimney, and all's well! + + "To the gentlemen and officers of Portsmouth from your humble + servant, + + "WILLIAM FALL. + + "N.B. I am very sorry that I did not think of this before, for if + I had, your people should not have had the pleasure of seeing me + take the lashes." + +The whipping-post and stocks were discontinued in Massachusetts early +in the present century. On the 15th of January, 1801, one Hawkins +stood an hour in the pillory in Court Street (now Washington Street), +Salem, and had his ear cropped for the crime of forgery, pursuant to +the sentence of the Supreme Court. + +It would be easy to multiply cases showing the old methods of dealing +with criminals; but we think we have cited enough for our readers to +be able to form some judgment as to the desirability of reviving the +old and degrading systems, even if it could be done. It does seem +sometimes that there are brutes in the shape of men whose cruelty, +especially in the case of crimes against women, makes them deserving +of the worst punishment that could be inflicted for the protection of +society; but for the general run of such comparatively light offences +as petty larceny, etc., beating and branding with hot irons must be +considered barbarous in the extreme, and more after the manner of +savages than Christians. We always thought that the beating of +scholars--a practice once very common in schools--for such trifling +offences as whispering and looking off the book, was a gross outrage, +and the parent knowing and allowing it was in our opinion as guilty +as the schoolmaster. Of course we will not deny that teachers +did, then as now, have a great deal to put up with from saucy, +"good-for-nothing" boys, to whom the rod could not well be spared; +but we do not allude to such cases. We knew a master whose delight, +apparently, was pounding and beating _little_ boys,--he did not touch +the large ones. And yet he was generally considered a first-rate +teacher. Parents upheld him in anything he chose to do with the boys, +and if they complained at home, they were told that it must have been +their fault to be punished at all. This man every morning took the +Bible in one hand and his rattan in the other and walked backward and +forward on the floor in front of the desks while the boys read aloud, +each boy reading two or three verses; and woe be to any boy who made a +mistake, such as mispronouncing a word! Although he might never have +been instructed as to its pronunciation, he was at once pounded on the +head or rapped over the knuckles. Of course he never forgot that +particular word. And this teacher was called only "strict"! If ever a +man deserved the pillory, it was that teacher. + +Possibly some of our readers may think that there is another side to +this story; for the benefit of such we give some lines from the "Salem +Gazette," Feb. 6, 1824. + + _From the Connecticut Centinel._ + + THE SCHOOLMASTER'S SOLILOQUY. + + To whip, or not to whip?--that is the question. + Whether 'tis easier in the mind to suffer + The deaf'ning clamor of some fifty urchins, + Or take birch and ferule 'gainst the rebels, + And by opposing end it? To whip--to flog-- + Each day, and by a whip to say we end + The whispering, shuffling, and ceaseless buzzing + Which a school is heir to--'tis a consummation + Devoutly to be wished. To whip, to flog, + To whip, and not reform--aye, there's the rub. + For by severity what ills may come, + When we've dismissed and to our lodging gone, + Must give us pain. There's the respect + That makes the patience of a teacher's life. + For who would bear the thousand plagues of a school,-- + The girlish giggle, the tyro's awkwardness, + The pigmy pedant's vanity, the mischief, + The sneer, the laugh, the pouting insolence, + With all the hum-drum clatter of a school, + When he himself might his quietus make + With a bare hickory? Who would willing bear + To groan and sweat under a noisy life, + But that the dread of something after school + (That hour of rumor, from whose slanderous tongue + Few Tutors e'er are free) puzzles the will, + And makes us rather bear _these_ lesser ills, + Than fly to _those_ of greater magnitude. + Thus error does make cowards of us all; + And thus the native hue of resolution + Is sicklied over with undue clemency, + And pedagogues of great pith and spirit, + With this regard their _firmness_ turn away, + And lose the name of _government_. + + ------------------------- + +We here record a curious affair which took place in the State of +Georgia in the year 1811. At the Superior Court at Milledgeville a +Mrs. Palmer, who, the account states, "seems to have been rather glib +of the tongue, was indicted, tried, convicted, and, in pursuance of +the sentence of the Court, was punished by being publicly ducked in +the Oconee River for--_scolding_." This, we are told, was the first +instance of the kind that had ever occurred in that State, and +"numerous spectators attended the execution of the sentence." A paper +copying this account says that the "crime is old, but the punishment +is new," and that "in the good old days of our Ancestors, when an +unfortunate woman was accused of Witchcraft she was tied neck and +heels and thrown into a pond of Water: if she drowned, it was agreed +that she was no witch; if she swam, she was immediately tied to a +stake and burnt alive. But who ever heard that our _pious_ ancestors +_ducked_ women for scolding?" This writer is much mistaken; for it is +well known that in England (and perhaps in this country in early +times) the "ducking-stool" was resorted to for punishing "scolds." +This was before the days of "women's rights," for there is no record +of any man having been punished in this way. + +It is said that the ducking-stool was used in Virginia at one time. +Thomas Hartley writes from there to Governor Endicott of Massachusetts +in 1634, giving an account of the punishing a woman "who by the +violence of her tongue had made her house and neighborhood +uncomfortable." She was ducked five times before she repented; "then +cried piteously, 'Let me go! let me go! by God's help I'll sin so no +more.' They then drew back y^e Machine, untied y^e Ropes, and let her +walk home in her wetted Clothes a hopefully penitent woman." In the +"American Historical Record," vol. i., will be found a very +interesting account of this singular affair, with an engraving of the +"ducking-stool." Bishop Meade, in his "Old Churches," etc., says there +was a law in Virginia against scolds and slanderers, and gives an +instance of a woman ordered to be ducked three times from a vessel +lying in James River. There must have been very severe practices in +Virginia in the early days, according to Bishop Meade. We refer +persons especially interested in this subject to Hone's "Day Book and +Table Book," or Chambers's "Book of Days," both English publications, +for a full account of the ducking-stool and scold's bridle, formerly +used in England for the punishment of scolding women. It is not +pleasant to think that such a shameful practice was ever resorted to, +but it appears to be well authenticated. We cannot, however, read +English history, or any other history, without finding a vast number +of disagreeable facts which we are obliged to believe. Some things, +too, have occurred in our own country that we should like to forget. + +All over the country we are nowadays troubled with "strikes." Such +"irregularities" must have been treated in a different spirit half a +century ago from what they are now. In these days the "strikers" +attempt to dictate terms, and in some cases succeed; although as a +general thing they get the worst of the struggle. The method of +dealing with such matters fifty years ago is briefly set forth in the +"Salem Observer," March 29, 1829. It says: "_Turn-out in New York._ +There has been a turn-out for higher wages among the laborers in the +city of New York. _Several of the ring-leaders have been arrested and +ordered to give heavy bonds for their appearance at Court._" In +September, 1827, some sailors struck in Boston for higher wages, +formed a procession, and marched through the city, making considerable +noise with their cheers, etc. They issued the following proclamation, +which was read by the leader now and then, and responded to with loud +cheers: "Attention! We, the blue Jackets now in the city of Boston, +agree that we will not ship for less than $15 a month, and that we +will punish any one who shall ship for less in such way as we think +proper, and strip the vessel [which he ships in]. What say you?" At +the Common they were met by a militia company, who charged upon them; +some men of both sides were knocked down, but no lives were lost or +blood shed. In the afternoon the sailors were out again with drum and +fife. The paper from which we obtain this information says that they +probably would not get any advance, as it is assured by a shipper that +he found no difficulty in procuring crews at the customary wages. +Probably it was not intended that the military should do more than +endeavor to keep order. + + ------------------------- + +It is rather surprising that there should have been no conviction for +felony in the County of Essex from 1692, when the witches were tried, +until 1771,--a period of seventy-nine years. It would so appear, +however, from the following extract from the "Essex Gazette," Nov. 12, +1771:-- + + Last Wednesday Morning the Trial of Bryan Sheehen for committing + a Rape on the Body of Mrs. Abial Hollowell, Wife of Mr. Benjamin + Hollowell, of Marblehead, in September last, came on before the + Superior Court of Judicature, at the Court-House in this Town. + The Trial lasted from between nine and ten o'Clock A.M. till + three in the Afternoon, when the Jury withdrew, and in about one + Hour brought in their Verdict, GUILTY. Mrs. Hollowell's Testimony + against the Prisoner was fully corroborated by the Physician who + attended her, and by the People who were in the House, at and + after the Perpetration of the Crime; by which the Guilt and + Barbarity of the Prisoner was so fully demonstrated, that the + Verdict of the Jury has given universal Satisfaction. + + This Bryan Sheehen (who has not yet received his Sentence) is the + first Person, as far as we can learn, that has been convicted of + Felony, in this large County, since the memorable Year 1692, + commonly called _Witch-Time_. + + ------------------------- + +From the "Boston Post-Boy," February, 1763. + + BOSTON, JANUARY 31. + + At the Superiour Court held at Charlestown last Week, Samuel + Bacon of Bedford, and Meriam Fitch, Wife of Benjamin Fitch of + said Bedford, were convicted of being notorious Cheats, and of + having by Fraud, Craft and Deceit, possess'd themselves of + Fifteen Hundred Johannes, the property of a third Person; were + Sentenced to be each of them set in the Pillory one Hour, with a + Paper on each of their Breasts with the Words a CHEAT wrote in + Capitals thereon, to suffer three Months Imprisonment, and to be + bound to their good Behaviour for one Year, and to pay Costs. + + ------------------------- + +From the "Massachusetts Gazette," May 1, 1786. + + On Saturday evening the 22d ult. eight of the prisoners, confined + at the Castle, broke from their confinement, and made their + escape to the main. The day following five of them were taken in + a barn at Dorchester, and immediately re-conducted to the Castle. + The ensuing night the three others were apprehended at Sharon, + near Stoughton, and were also sent back to their place of + confinement. + + Richard Squire and John Matthews, the pirates, and Stephen + Burroughs, a _noted_ clerical character, were among the prisoners + who made their escape from the Castle, as mentioned above. And on + Saturday last, we are informed, the eight culprits shared among + them the benefit of a distribution of 700 lashes. + + On Monday evening last, a person, in passing from the Long-Wharf + to Dock-Square, was assaulted and knocked down, by a single + villain, who robbed him of a box, containing a coat, two + waistcoats, a pair of corduroy breeches, a piece of calico, in + which was wrapped up three watches, and a letter containing + money. + + On Thursday last, at noon, seven fellows received the discipline + of the post, in this town. + + ------------------------- + +Curious list of punishments in the early days of New England. From +"Salem Gazette," May 4, 1784. + + _The following (taken from a Boston paper of last week) is a + collection of a few of the many curious punishments, inflicted + for a variety of offences, among the old records of this + Commonwealth._ + + Between 1630 and 1650. + + Sir _Richard Saltonstale_ fined four bushels of malt for his + absence from court. + + _William Almy_ fined for taking away Mr. Glover's canoe without + leave. + + _Josias Plastoree_ shall (for stealing four baskets of corn from + the Indians) return them eight baskets again, be fined 5l. and + hereafter to be called by the name of _Josias_, and not _Mr._ as + formerly he used to be. + + _Joyce Bradwick_ shall give unto Alexander Beeks, 20s. for + promising him marriage without her friends' consent, and now + refusing to perform the same. + + _William James_, for incontinency, was sentenced to be set in the + bilboes at Boston and Salem, and bound in 20l. + + _Thomas Petet, for suspicion_ of slander, idleness and + stubbornness, is to be severely whipt and kept in hold. + + _John Smith_, of Medford, for swearing, _being penitent_, was set + in bilboes. + + _Richard Turner_, for being notoriously drunk, was fined 2l. + + _John Hoggs_, for swearing _God's foot_, cursing his servant, + wishing "a pox of God take you," was fined 5l. + + _Richard Ibrook_, for tempting two or more maids to uncleanness, + was fined 5l. to the country, and 20s. a piece to the two maids. + + _Thomas Makepeace_, because of his novel disposition, was + informed we were weary of him, unless he reformed. + + _Edward Palmer_, for his extortion, taking 33s. 7d. for the plank + and woodwork of Boston stocks, is fined 5l. and censured to be + set an hour in the stocks. + + _John White_ is bound in 10l. to be of good behaviour, and not to + come into the company of Bull's wife alone. + + _Thomas Lechford_ acknowledging he had _overset_ himself and is + sorry for it, promising to attend his calling, and not to meddle + with controversies, was dismissed. + + _Sarah Hales_ was censured _for her miscarriage_ to be carried to + the gallows with a rope about her neck, and to sit upon the + ladder, the rope end flung over the gallows, and after to be + banished. + + ------------------------- + +Wholesale sentences of death in London, in 1820. + + At the October session of the Old Bailey, London, sentence of + death was passed on thirty-seven persons, four of whom were + females. Four were condemned for passing counterfeit notes, + eleven for highway robberies, two for burglary, 11 for stealing + in dwelling houses, 1 for horse-stealing, 2 for sacrilege, &c. + + ------------------------- + +From the "Salem Mercury," July 28, 1788. + + _The following_ EXTRAORDINARY OCCURRENCE _is extracted from the_ + EUROPEAN MAGAZINE _for_ 1787. + + SAMUEL BURT, convicted of forgery a few sessions since, was put + to the bar, and informed that his Majesty, in his royal clemency, + had been graciously pleased to extend his mercy to him on + condition that he should be transported during his natural life. + The prisoner bowed respectfully to the Court, and immediately + addressed the Recorder with his "most humble and unfeigned + thanks, for the kindness and humanity of the Recorder, the + Sheriffs, and other gentlemen who had interested themselves in + his favour, and who had so effectually represented his unhappy + case to the throne, that his Majesty, whose humanity could only + be equalled by his love of virtue, had extended his mercy; but + however flattering the prospect of preserving life might be to a + man in a different situation; yet that he, now he was sunk and + degraded in society, was totally insensible of the blessing. Life + was no longer an object with him, as it was utterly impossible + that he could be joined in union with the person who was dearer + to him than life itself. Under such circumstances, although he + was truly sensible of his Majesty's goodness and clemency, yet he + must positively decline the terms offered him; preferring death + to the prolongation of a life which could not be otherwise than + truly miserable." The whole Court was astonished at his address; + and after consultation, Mr. Recorder remanded the prisoner back + to the jail, to be brought up again the first day of next + session. + + ------------------------- + +The pillory appears to have been in use in Boston as lately as 1803; +for we find in the "Chronicle" of that city that in March of that year +Robert Pierpont, owner, and H.R. Story, master, of the brigantine +"Hannah," for the crime of sinking the vessel at sea, and thus +defrauding the underwriters (among whom were Joseph Taylor, Peter C. +Brooks, Thomas Amory, David Greene, and Benjamin Bussey), were +convicted before the Supreme Judicial Court, and the following +sentence imposed: "That they should stand one hour in the Pillory in +State Street on two several days, be confined in Prison for the term +of two years, and pay Costs of Prosecution." Considering the magnitude +of the crime, this was a light sentence. An underwriter in the +"Chronicle" says: "It is a transaction exceeding in infamy all that +has hitherto appeared in the commerce of our country." + + ------------------------- + +Wholesale execution of pirates in Newport, R.I., in July, 1723. + + CAPTURE OF PIRATES. + + This year (1723) two Pirate sloops, called the Ranger and the + Fortune, committed many piracies on the American Coast, having + captured and sunk several vessels.--On the 6th of June, they + captured a Virginia sloop, which they plundered and let go, who + soon after fell in with his Majesty's Ship Grey Hound, Capt. + Solgard, of 20 guns, who on being informed of the piracy, + immediately went in pursuit of the Pirates, and on the 10th came + up with them about 14 leagues south from the east end of Long + Island. They mistaking her for a Merchant ship, immediately gave + chase and commenced firing under the black flag.--The Grey Hound + succeeded in capturing the Ranger, one of the sloops, after + having 7 men wounded, but the other Pirate escaped. The Grey + Hound and her prize arrived in the harbor of Newport, and the + Pirates, 36 in number, were committed for trial. + + _Trial of the Pirates._ + + A Court of Admiralty, for the trial of Pirates, was held at + Newport on the 10th, 11th and 12th of July. The Hon. William + Dummer, Lt. Governor and Commander in Chief of the Province of + Massachusetts Bay, President of the Court. + + The thirty-six Pirates taken by Capt. Solgard, were tried, when + Charles Harris, who acted as captain, and 25 of his men, were + found guilty, and sentenced to suffer death, and 10 men were + acquitted on the ground of having been forced into their service. + + _Execution of the Pirates._ + + On Friday the 19th of July, the 26 Pirates were taken to a place + in Newport, called Bull's Point, (now Gravelly Point,) within the + flux and reflux of the sea, and there hanged. The following are + their names:--Charles Harris, Thomas Linnicar, Daniel Hyde, + Stephen Mundon, Abraham Lacy, Edward Lawson, John Tomkins, + Francis Laughton, John Fisgerald, Wm. Studfield, Owen Rice, Wm. + Read, Wm. Blades, Tho's Hagget, Peter Cues, Wm. Jones, Edward + Eaton, John Brown, James Sprinkly, Joseph Sound, Charles Church, + John Waters, Tho's Powell, Joseph Libbey, Thomas Hazel, John + Bright. + + The Pirates were all young men, most of them were natives of + England, Wm. Blades was from Rhode Island and Thomas Powell from + Wethersfield, (Conn.); after the execution, their bodies were + taken to the north end of Goat Island, and buried on the shore, + between high and low water mark. + + As this was the most extensive execution of Pirates that ever + took place at one time in the Colonies, it was attended by a vast + multitude from every part of New England. + + From the _Salem Observer_, Nov. 11, 1843. + + ------------------------- + +Description of "Villains" in the "Boston Post-Boy," Dec. 12, 1763. + + Tuesday last a Gang of Villains were apprehended at a House in + Roxbury, and brought to Town & committed to Goal, they have been + concerned in the late Robberies here, and 'tis suspected in some + of those towards Pennsylvania, for which Reason it will be proper + to advertise their Names, with some Description of them, which + are as follows, viz. + + _William Robinson_, a tall slim fellow, about 5 Feet 7 inches + high, wears a blue Surtout Coat with metal Buttons, and his Hat + commonly flopt before, and an old laced Waistcoat, has short + curled black Hair; when he speaks he seems jaw-fallen and very + effeminate, is about 35 Years of Age, walks much like a + Foot-pad, and has a comely Woman with him whom he calls his + Wife.----_John Cassady_, a middling siz'd Fellow much + pock-broken, square-shoulder'd, wears a Wig upon the yellow + cast, and has a very guilty Countenance, is about 40 Years of + Age, and calls himself a Shoe-maker.--_John Willson_, a short + young Fellow, about 21 Years of Age, wears a blue Surtout Coat, + and short black Hair, of a pale Countenance, and calls himself a + Sail-maker.--_George Sears_, a well-set Fellow, with a comely + Face, black Hair twisted with a black Ribbon, and says he serv'd + 3 Years to an Attorney in England. + + ------------------------- + +In the "Essex Gazette," Nov. 12, 1771, is the following news from +England:-- + + A Correspondent expresses great Surprise and indignation at the + Disproportion of Punishments in this Country. He says he read in + a News paper that two Men were hanged together last Month in + Kent, one of whom had committed a barbarous Murder on his Wife, + and the other had stolen three Shillings and Sixpence. In the + same Paper there followed immediately another Paragraph, that a + Woman had been only whipped for stealing little Children and + burning their Eyes out. + +At this day we believe it is the custom of the English authorities to +treat all prisoners alike, whatever the charges against them may be. +It seems as if they were desirous of degrading men as much as +possible. Mr. John Boyle O'Reilly, a poet and gentleman of culture, +who was unfortunately a political prisoner, was chained to a +wife-murderer. And this the English call "justice,"--as if there could +be no difference in offences! + + ------------------------- + +Severe punishment used to be inflicted for the crime of passing +counterfeit coin. The "Essex Gazette," April 23, 1771, under news from +Newport, April 15, says,-- + + William Carlisle was convicted of passing counterfeit Dollars, + and sentenced to stand One Hour in the Pillory, on Little-Rest + Hill, next Friday, to have _both Ears_ cropped, to be branded on + _both Cheeks_ with the Letter R, to pay a Fine of One hundred + Dollars and Cost of Prosecution, and to stand committed till + Sentence performed. + +The letter R probably meant "rogue." The same account states that-- + + "Last Wednesday Evening one Mr. ----, of this Town (Newport), was + catched by a Number of Persons in Disguise, placed on an old + Horse, and paraded through the principal Streets for about an + Hour as a _Warning_ to all bad Husbands." + + ------------------------- + +In the "Massachusetts Gazette," Sept. 8, 1786, we find an account of +the Dutch mode of executions. + + NEW-JERSEY. + + ELIZABETH-TOWN, _Aug. 16_. The little influence which our present + mode of executing criminals has in deterring others from the + commission of the same crimes, arises from a want of solemnity + and terrifick circumstances on such occasions. It is not the mere + loss of life which has so much a tendency to affect the + spectator, as the dreadful apparatus, the awful preliminaries, + which ought to attend publick executions; whose justifiable + purposes is the prevention of crimes, and not the inflicting + torment on the criminal. A variety of particulars might be + adopted respecting the dress of the condemned, the solemnity of + the procession to the place of execution, and the apparatus + there, to throw horrour on the scene without in reality giving + the unhappy victim a more painful exit. The Dutch have a mode of + execution which is well calculated to inspire terror, without + putting the sufferer to extraordinary pain. The criminal is + placed on a scaffold, opposite to the gigantick figure of a + woman, with arms extended, filled with spikes, or long sharpened + nails, and a dagger pointed from her breast, she is gradually + moved towards him by machinery for the purpose, till he gets + within her embrace, when her arms encircle him, and the dagger is + pressed through his heart. This is vulgarly called among them, + kissing the Yssrow, or woman, and excites more terror in the + breasts of the populace than any other mode of punishment. + + ------------------------- + +Inhabitants of Boston severely punished (on paper) in April, 1774, for +_destruction of the tea_. + + A CURIOUS HISTORICAL ITEM. In a recent English Chronological + work, under the article of "Tea," we found the following brief + notice of the American Revolution: "Tea destroyed at Boston by + the inhabitants, 1773, in abhorrence of English Taxes; for which + they were severely punished by the English Parliament, in April, + 1774." + + _Salem Observer_, April 28, 1827. + + ------------------------- + +Sentences of death for robbery, May 6, 1788. + + The Mulatto who, some time since, robbed Mr. Bacon, on the + Cambridge road, was, at the late term of the Supreme Court at + Concord, convicted of the crime, and had sentence of death + pronounced against him. + + Thursday next is the day appointed for the execution of the two + Taylors, for the robbery of Mr. Cunningham, on Boston-Neck. + + ------------------------- + +Captain Phillips, of the British army, whipped in New York in 1784. + + PHILADELPHIA, February 4, 1784. + + On Saturday last, was whipped at the cart's tail, for robbery, + one of George the Third's pretty subjects. This fellow, who now + goes by the name of Captain Phillips, under his good friend Sir + Harry Clinton, learned such a knack of thieving while he + commanded a whale-boat along this coast, under his good master, + that now, having lost his protection, he and a number more of + those lads called Loyalists are swarming amongst us, and have set + up business in a small way; and though many of them may not + choose to steal themselves, yet, by harbouring and encouraging + others, may do much mischief to the good inhabitants of these + states. + + _Salem Gazette._ + + ------------------------- + +Sentences at the Supreme Court. + + BOSTON, March 22, 1784. + + At the Supreme Judicial Court, lately held here, the following + persons were arraigned, viz. + + _Thomas Hastings_, indicted for selling corrupt swine's flesh, + was found guilty.--He was sentenced to pay a fine of twelve + pounds for the use of the Commonwealth, recognize himself as + principal in the sum of thirty pounds, with sufficient surety or + sureties in the like sum, for his keeping the peace and being of + good behaviour for the term of one year, pay costs of + prosecution, and stand committed till sentence be performed. + + _John Boyd_, for stealing, pled guilty:--sentenced to pay to the + person injured, treble the value of the goods stolen, receive 20 + stripes at the public whipping post, sit on the gallows one hour + with a rope about his neck, pay costs of prosecution, and stand + committed till sentence be performed.--He was, upon another + indictment for theft, sentenced to pay treble damages, whipped 15 + stripes, and pay costs of prosecution.--Upon declaring himself + unable to pay damages, he was for the first offence sentenced to + be sold for 9 months, and for the second, 2 months. + + _Lewis Humphries_, for stealing, pled guilty:--sentenced to pay + treble damages, receive 20 stripes, sit on the gallows one hour + with a rope about his neck, pay costs of prosecution, and stand + committed till sentence be performed.--Upon declaring himself + unable to pay damages, was sentenced to be sold for the term of 5 + years. + + _William Padley_, for an assault upon his wife, with an intent to + kill her, was tried, found guilty, and sentenced to sit on the + gallows one hour, there to receive 30 stripes, pay costs of + prosecution, and stand committed till sentence be performed. + + ------------------------- + +Sentences by the Supreme Judicial Court at Salem, Nov. 18, 1786. + + At the Supreme Judicial Court, holden in this town, for the + county of Essex, which adjourned on Thursday last, several + persons, criminally indicted, were convicted and severally + sentenced. Isaac Coombs, an Indian, was found guilty, at last + June term, at Ipswich, of murdering his wife; at which time a + motion was made to the Court, in arrest of judgment, on which the + Court suspended giving judgment thereon until this term; but the + said motion being overruled, the Court gave judgment of death + against him. + + Besides the sentence of the Indian, as above, _Thomas Kendry_, + for breaking into the store of Israel Bartlet, and stealing + sundry goods, was sentenced, on his confession, to pay said + Bartlet L33-9-6, to sit on the gallows one hour with a rope about + his neck, to be whipped 30 stripes, and confined to hard labour + on Castle-island two years. + + _Thomas Atwood_ & _John Ransum_, for breaking open the store of + Knott Pedrick, and stealing dry fish, were each sentenced to pay + said Pedrick L40-5-0, to sit one hour on the gallows, be whipped + 36 stripes, and confined to labour on Castle-island 3 years. + + _John Smith_, for stealing goods from Abner Perkins, was + sentenced to pay said Perkins L18-4-0, and be whipped 25 stripes. + + The same _John Smith_, for breaking open a sloop, and stealing + goods of John Brooks, was sentenced to pay said Brooks L16-8-0, + to sit one hour on the gallows, be whipped 30 stripes, and + confined 18 months on Castle-island. + + _John Scudder_, for stealing from Eli Gale, was sentenced to pay + said Gale L5-2-0, or if unable to pay, to be disposed of by him, + in service, to any person, for 2 months. + + _Joseph Ballard_, for stealing a horse from Thomas Dodge, was + sentenced to pay L30, be whipped 20 stripes, pay costs, &c. and, + if unable to pay, that said Dodge may dispose of him in service + to any person for two years. + + _Calvin Newhall_ was indicted for assaulting Deborah Sarker, a + negro woman, with intent to commit a rape upon her. He pleaded + not guilty; and the jury found him guilty of the assault, but + whether with an intent to ravish they could not agree; whereupon + the Attorney General would no further prosecute for said intent + to ravish; and the Court ordered that said Calvin should be + whipped 10 stripes, and recognize in L60, with sufficient surety + in a like sum, to be of good behaviour for 3 months, and pay + costs. + + ------------------------- + +Punishment in 1644 for criticising the preacher and the music, and for +sleeping in "meeting." + +The Hon. Wm. D. Northend, in a very interesting and valuable address +before the Essex Bar Association, Dec. 8, 1885, mentions the following +among other cases taken from the Essex County Court Records:-- + + "In 1644 William Hewes and John his son, for terming such as sing + in the congregation fools, and William Hewes also for charging + Reverend Mr. Corbitt with falsehood in his doctrine, were ordered + to pay a fine of fifty shillings each, and to make humble + confession in a public meeting at Lynn." + +William Hewes and his son were probably only criticising the music and +the preaching in the "meeting-house." If people nowadays were fined +for similar offences, the county would grow so rich that there would +be no necessity for the present heavy tax. + + "In 1643 Roger Scott, for repeated sleeping in meeting on the + Lord's Day, and for striking the person who waked him, was, at + Salem, sentenced to be severely whipped." + +It must be borne in mind that people in those days were not allowed to +stay at home on the Lord's Day and do their sleeping there. Staying at +home on Sunday is a modern innovation. + +From the Massachusetts Colony Records, quoted by Mr. Northend, we +learn that in March, 1761, Sir Christopher Gardner, who had passed +much of his time "with roystering Morton of Merry Mount," and who was +living with a lady he called his cousin, upon receipt by the Governor +of information of two wives in England "whom he has carelessly left +behind," after a long pursuit was captured and sent back to England. + +It would seem, then, that there must have been, judging from this +example, in "high places" some "indiscretions" and "unpleasant" +gossip early in our history. + +Mr. Northend finds that at "the same date one Nich. Knopp, for +pretending to cure scurvy by water of no value, which he sold at a +very dear rate, was ordered to pay a fine of five pounds or be +whipped, and made liable to an action by any person to whom he had +sold the water." + +How would such a decree work in our day, if applied to the makers or +venders of all the "water of no value" which is advertised on the +fences and barns alongside of our railroads and highways? + +Mr. Northend, speaking of the severity of the early laws, says:-- + + "The criminal laws were taken principally from the Mosaic code; + and although many of them at the present day seem harsh and + cruel, yet as a whole they were very much milder than the + criminal laws of England at the time, and the number of capital + offences was greatly reduced." + + ------------------------- + +CURIOUS PUNISHMENTS IN SCHOOLS. + +In some of the old schools in Salem (no doubt it was the same in other +places) the teachers whose business it was to teach youths the "three +R's,"--Reading, 'Riting, and 'Rithmetic,--were too apt to be occupied, +as we have been told, in scolding, devising or practising some mode of +punishment. We remember hearing of a school where the master kept a +long cane pole (something like a fishing-rod) which he used for the +purpose of reaching boys who needed correction; on account of the +length of the pole he was enabled to do business without leaving his +seat. It was never suspected at the time how lazy this master was. + +Another teacher kept for use as a punishment a common walnut, which +when occasion required he first put into the mouth of a colored boy, +and after it had remained there for five minutes or so, it was taken +out and put into the mouth of the white boy, who was thus to be +punished by holding it in _his_ mouth for a certain length of time. +This same teacher had a round smooth stone, weighing perhaps ten or +fifteen pounds, which very small boys were required to hold in their +arms for some time, and stand up straight before the whole school. +These with a good rattan and a cowhide furnished this master's +equipment for teaching. + +There was another master who had what he called "the mansion of +misery," which was simply a line drawn with chalk on the floor in +front of his desk, where for trifling offences such as whispering, +etc., scholars were required to "toe the mark," standing perfectly +still and upright for a long time. This was often to a little boy +painful enough. This master had a stock of cowhides and rattans +besides. + +Another teacher, a woman, had the floor of the school-room kept very +clean; consequently no boys were allowed to come in at all with heavy +boots, and the other children in wet weather were compelled to remove +their boots and shoes and put on slippers before entrance. If any of +the scholars were too small to take off and put on their own boots +they were punished by being "blindfolded" and stood upon a cricket in +the middle of the floor. Apparently the worst offence scholars could +be guilty of was to bring in mud or wet upon the polished floor of the +school-room. At this school one very small boy who wore high boots, +but who was unable to take them off without assistance, having been +punished for his "stubbornness," was taken away from the school by his +parents, who resented such an act of injustice and oppression. The +"school-marm," however, said she would rather lose all her scholars +than have any mud or wet upon her floor. + +These cases are simply curious. It may be doubted whether we can in +this country show anything so bad as the record furnished by Dickens +in describing some of the schools of England. + + ------------------------- + +THE BRANK. + +An instrument of punishment formerly much used in England, but never, +we think, introduced into this country, called the "brank," or "scold's +bridle," or "gossip's bridle," is thus described by Mr. L. Jewitt, +F.S.A., in Mr. William Andrews's "Book of Oddities,"--a very +interesting and instructive book recently published in London:-- + + "It consisted of a kind of crown or framework of iron, which was + locked upon the head, and was armed in front with a gag, a plate, + or a sharp cutting knife or point, which was placed in the poor + woman's mouth so as to prevent her moving her tongue, or it was + so placed that if she moved it or attempted to speak, the tongue + was cut in a most frightful manner. With this cage upon her head, + and with the gag firmly pressed and locked against her tongue, + the miserable creature, whose sole offence, perhaps, was that she + had raised her voice in defence of her social rights against a + brutal and besotted husband, or had spoken honest truth of some + one high in office in the town, was paraded through the streets, + led by a chain held in the hand of the bellman, the beadle, or + the constable, or, chained to the pillory, the whipping-post, or + market-cross, was subjected to every conceivable insult and + degradation, without even the power left her of asking for mercy + or of promising amendment for the future; and when the punishment + was over, she was turned out from the town hall (or other place + where the brutal punishment had been inflicted), maimed, + disfigured, faint, and degraded, to be the subject of comment and + jeering amongst her neighbors, and to be reviled by her + persecutors." + +Mr. Andrews adds that the use of the brank was not sanctioned by law, +but was altogether illegal; and he concludes his remarks on the +subject by saying that "to everybody it must be a matter of deep +regret that the instrument should ever have been used at all." + +Dr. Henry Heginbotham, of Stockport, England, says in speaking of the +brank preserved in that town: "There is no evidence of its having been +actually used for many years; but there is testimony to the fact that +within the last forty years the brank was brought to a termagant +market-woman, who was effectually silenced by its threatened +application." + +It is hard for those of us who live in New England to-day to believe +that such cruelties were ever practised in a Christian land; but the +evidence is too conclusive to admit of doubt. Mr. Andrews, in the book +referred to, gives engravings of a dozen or more different kinds of +branks and bridles which can now be seen in England and Scotland. At +Congleton, Cheshire, a woman for scolding and abusing the town +officers had the "town bridle" put upon her, and was led through every +street in the town, as lately as the year 1824. + +It is said that Chaucer wrote these lines: + + "But for my daughter Julian, + I would she were well bolted with a Bridle, + That leaves her work to play the clack, + And lets her wheel stand idle; + For it serves not for she-ministers, + Farriers nor Furriers, + Cobblers nor Button-makers, + To descant on the Bible." + +Mr. Andrews has confined his account of curious punishments mainly to +England and Scotland. Our Puritan ancestors must, we think, have seen +some of the instruments of torture here described, and perhaps some of +our great-great, etc., grandmothers may have been "ducked" or +"silenced by a brank" many years before the sailing of the "Mayflower" +or the "Lyon" or the "Angel Gabriel." + + ------------------------- + +It was once the custom in New England for a sermon to be preached +before the prisoner upon the day of his execution. In the +"Massachusetts Gazette," Dec. 26, 1786, is the following notice:-- + + SALEM, _Dec._ 23. Thursday last, being the day appointed for the + execution of Isaac Coombs, an Indian, with whose crime and + sentence the publick have before been made acquainted, the + unfortunate criminal was in the forenoon conducted to the + Tabernacle, where a Sermon, which we are told was well adapted to + the melancholy occasion, was preached by the Rev. Mr. Spalding, + from Luke xviii. 13,--"God be merciful to me a sinner!" After + which he was returned to the prison. Between the hours of 2 and 3 + in the afternoon, he was guarded to the place of execution by a + company of 40 volunteers (consisting principally of the members + of the Artillery Company lately formed in this town, and + commanded by Captain Zadock Buffinton) under the direction of the + proper civil officers. The Rev. Mr. Hopkins prayed at the + gallows; and at 3 o'clock the cart was led off, and the unhappy + sufferer made the expiation which the law required for his horrid + and unnatural crime. + + His behaviour, through the whole, was firm, but decent, penitent + and devotional. + + This is the only execution which has taken place in the county of + Essex for near 15 years, and but the second since about the close + of the last century. The concourse of people was consequently + great; and the general decorum which was observed, evinced their + sympathy for a suffering individual of the species. + + The conduct of the military corps was highly applauded. + + On the way to execution the following paper was delivered to + the Rev. Mr. BENTLEY, by one of the officers, with a request + from _Isaac_, that he would read it publickly at the place of + execution, at the time he should signify to him; accordingly, + when the sheriff told the criminal his time was expired, as the + last thing, he made the motion, and it was read to the people. + As it is so contradictory to the declaration he made before of + himself, we have printed it _verbatim_ as it is written, to avoid + the charge of any alteration. + + "I Who has ben Called by the name of Isaac Cumbs Being Now + Called to the place of Execution in the 39th year of my age, I + Declare I was born at South hampton Long Island and am a Native + of the said South hampton and my Right Name is John Peters and + Leaving the said South hampton about 14 years ago, and comeing + to St. Mertains Vineyard am Ben a traveller Eversince till I + have Now arrived to this unhappy Place of Execution My advice + is to all Spectators to Refrain from lying Stealing and all + suchlike things But in particular Not to Break the Sabbath of + the Lord or Game at Cerds or get Drunk as I have Don. this is + My advice and more in particular to mixt coulard people and + youths of Every Kind. May the Blessing of god Desend upon you + all Amen." + +In the "Essex Gazette," Jan. 15, 1771, is an advertisement of a poem +upon an execution. + + _To be sold at the Printing-Office_, Salem. + + A POEM on the Execution of + + _William Shaw_, at _Springfield_, December 13, 1770, for the + Murder of _Edward East_, in _Springfield_ Gaol. + +We have seen an account of an execution where a sermon was preached at +the prisoner's request. + + ------------------------- + +BOSTON COMMON AS A PLACE OF EXECUTION. + +Boston Common was formerly often used for such a purpose. Quakers were +hanged there in the middle of the seventeenth century, and we find in +the "Salem Mercury" for Tuesday, Nov. 27, 1787, that the previous +Thursday one John Sheehan was executed for burglary in this noted +locality. Sheehan was a native of Cork in Ireland. With its cows and +its executions, the Common must have presented a somewhat different +appearance in those days from what it does at this time. + + British convicts shipped to America in 1788. + + Last week arrived at Fisher's Island, the brig Nancy, belonging + to this port, Capt. Robert W---- (a half-pay British officer) + master, and landed his cargo, consisting of 140 convicts, taken + out of the British jails. Capt. W. it is said, received 5l. + sterling a head from government for this job; and, we hear, he is + distributing them about the country. Stand to it, houses, stores, + &c., these gentry are acquainted with the business. Quere, + whether a suit of T---- and F---- should not be provided for + Capt. W. as a suitable compliment for this piece of service done + his country? + + _Salem Mercury_, July 15, 1788. + + ------------------------- + +From the "Salem Gazette," 1784. + + _July_ 30. During the long reign of Queen Elizabeth, it does not + appear on record, that forty persons suffered death for crimes + against the community, treason only excepted. + + ------------------------- + + BOSTON, September 16, 1784. + + At the Supreme Court held here on Thursday last, Direck Grout was + tried for Burglary, and found guilty: sentence has not yet been + passed upon him. + + The following prisoners were also tried last week for various + thefts, found guilty, and received sentence, viz. + + Cornelius Arie, to be whipt 25 stripes, and set one hour on the + gallows. + + Thomas Joice, to be whipt 25 stripes, and branded. + + William Scott, to be whipt 25 stripes, and set one hour on the + gallows. + + John Goodbread, and Edward Cooper, 15 stripes each. + + James Campbell, to be whipt 30 stripes, and set one hour on the + gallows. + + Michael Tool, to be whipt 20 stripes. + + Three notorious villains yet remain to be tried for burglary, and + several others for theft. + + ------------------------- + + BOSTON, September 27. + + Thursday last ten notorious villains received publick whipping, + after which three of them were escorted, with halters round their + necks, to the gallows, on which they sat one hour. They are again + committed for costs, &c. + + ------------------------- + +"Massachusetts Gazette," 1786. + + Johnson Green was executed, on Thursday last, at Worcester, for + burglary. A greater thief and burglar was perhaps never hanged in + this country. + +From "Massachusetts Centinel," Oct. 6, 1786. + +BACKS "DRESS'D." + + HARTFORD, October 2. + + On Wednesday last, David Stillman, John Hawley and Thomas Gibbs + were committed to jail in this city, for counterfeiting and + passing publick securities; and on Thursday last, Jonathan + Densmore, of East-Hartford, was committed for stealing a horse. + Stillman and Hawley belong to the county of Hampshire, state of + Massachusetts. They are now in a fair way to have their + grievances (and backs) dress'd and re-dress'd. + + ------------------------- + +From "Massachusetts Gazette," May 15, 1786. + + NEW-YORK, May 6. + + _Extract of a letter from Washington_ (North-Carolina), _March_ + 27. + + "On Thursday last made his appearance in this town, a certain + John Hamlen, who, in the late war, left the state of Maryland, + and joined the enemies of America. After joining them, he + fitted out a galley, and cruised in the Delaware and Chesapeak, + where he was very successful in capturing a number of American + vessels. He was very fond of exercising every species of + cruelty on those unhappy people who fell into his hands; among + other things, he took great delight in cutting off the ears of + some, and noses of others. Unluckily for him he was known by + some honest Jack Tars, belonging to vessels in this harbour, + who, in the time of the war, had been made prisoners by him; + these honest fellows very kindly furnished him with a coat of + _Tar_ and _Feathers_; and that he might not in a short time + forget them, they took off one of his _ears_; they then kindly + shewed him the way out of town, without doing him any further + injury.--It is supposed he will bend his course for Newbern, + and endeavour to take a passage in some vessel bound to the + northern states." + + ------------------------- + +FROM THE AUGUSTA CHRONICLE. + + _A GEORGIA SHREW._ + + "Why, sirs, I trust I may have leave to speak, + And speak I will; I am no child, no babe: + Your betters have endur'd me say my mind; + And if you cannot, best you stop your ears." + + The Grand Jury of Burke have presented Mary Cammell as a common + scold and disturber of the peaceable inhabitants of that + county.[1] We do not know the _penalty_, or if there be any + attached to the offence of _scolding:_ but for the information of + our Burke neighbours, we would inform them that the late lamented + and distinguished Judge Early decided, some years since, when a + modern _Xantippe_ was brought before him, that she should undergo + the _punishment_ of _lustration_, by immersion three several + times in the _Oconee_. Accordingly she was confined to the tail + of a cart, and, accompanied by the hooting of the mob, conducted + to the river, where she was publickly ducked, in conformity with + the sentence of the court. Should this punishment be awarded Mary + Cammell, we hope, however, it may be attended with a more + salutary effect than in the case we have just alluded to--the + unruly subject of which, each time as she arose from the watery + element, impiously exclaimed, with a ludicrous gravity of + countenance, "glory to G--d." + + _Boston Palladium_, 1819. + + [1] She must have been an extraordinary scold to have disturbed + a large county, where the houses are perhaps a half mile + apart. + + ------------------------- + +Criminals after a whipping sent to the Castle to make nails. From +"Salem Mercury," Nov. 25, 1786. + + Four convicts, doomed by the Superiour Court, at their late + session here, to the useful branch of nail making at the Castle, + yesterday morning took their departure hence, to enter on their + new employment, having, with others, previously received the + discipline of the post. + + ------------------------- + +A REVEREND FORGER. + +The "Providence Gazette" is our authority for the following obituary +notice:-- + + Died in March, 1805, in Wayne County, N.C., Rev. Thomas Hines, an + itinerant preacher. A Newbern paper says: "In the saddle-bags of + this servant of God and Mammon were found his Bible and a + complete apparatus for the stamping and milling of Dollars." + + ------------------------- + +_THE SUPREME JUDICIAL COURT_ + + Was held at Ipswich on Tuesday last. At this Court the noted + Josiah Abbot was found guilty of knowingly passing a forged and + altered State Note, and was sentenced to pay a fine of 40l. in 20 + days; if not then paid, to be set in the pillory.--[_The penalty + of such an offence against the United States is_ DEATH.] + + The same person was found guilty of a fraud, in stealing a + summons, after it had been left by an officer, by reason of which + he recovered a judgment by default, and was sentenced to pay a + fine of 15l. in 20 days; if not then paid, to be whipped. + + _Salem Gazette_, June 25, 1793. + + ------------------------- + +In a paper of 1819 is mentioned the singular case of a man literally +condemned "to eat his own words." + + _INCREDIBLE PUNISHMENT._ + + "A great book is a great evil," said an ancient writer,--an axiom + which an unfortunate Russian author felt to his cost. "Whilst I + was at Moscow," says a pleasant traveller, "a quarto volume was + published in favor of the liberties of the people,--a singular + subject when we consider the place where the book was printed. In + this work the iniquitous venality of the public functionaries, + and even the conduct of the sovereign, was scrutinized and + censured with great freedom. Such a book, and in such a country, + naturally attracted general notice, and the offender was taken + into custody. After being tried in a very summary way, his + production was determined to be a libel, and the writer was + condemned to _eat his own words_. The singularity of such a + sentence induced me to see it put into execution. A scaffold was + erected in one of the most public streets of the city; the + imperial provost, the magistrates, the physicians and surgeons of + the Czar attended; the book was separated from its binding, the + margin cut off, and every leaf rolled up like a lottery ticket + when taken out of the wheel at Guildhall. The author was then + served with them leaf by leaf by the provost, who put them into + his mouth, to the no small diversion of the spectators; he was + obliged to swallow this unpalatable food on pain of the + knout,--in Russia more dreadful than death. As soon as the + medical gentlemen were of opinion that he had received into his + stomach as much at the time as was consistent with his safety, + the transgressor was sent back to prison, and the business + resumed the two following days. After three very hearty but + unpleasant meals, I am convinced by ocular proof that every leaf + of the book was actually swallowed." _Lon. Pa._ _Boston + Palladium._ + + ------------------------- + +Here is a clever mode of punishing a wife-beater without the aid of +counsel:-- + + A woman in New-York, who had been beaten by her husband, finding + him fast asleep, sewed him up in the bed-clothes, and in that + situation thrashed him soundly. + + _Salem Observer_, April 24, 1827. + + ------------------------- + +Conviction of a common scold, Sept. 11, 1821; sentence not reported. + + _Common Scold_.--Catharine Fields was indicted and convicted for + being a common scold. The trial was excessively amusing, from the + variety of testimony and the diversified manner in which this + Xantippe pursued her virulent propensities. "Ruder than March + wind, she blew a hurricane;" and it was given in evidence that + after having scolded the family individually, the bipeds and + quadrupeds, the neighbours, hogs, poultry, and geese, she would + throw the window open at night to scold the watchmen. Her + countenance was an index to her temper,--sharp, peaked, sallow, + and small eyes. To be sentenced on Saturday week.--_Nat. Adv._ + + ------------------------- + +_Women Gossips_.--Among the many ordinances promulgated at St. Helena +in 1709, we find the following:-- + + Whereas several idle, gossiping women make it their business to + go from house [to house] about the island, inventing and + spreading false and scandalous reports of the good people + thereof, and thereby sow discord and debate among neighbors, and + often between men and their wives, to the great grief and trouble + of all good and quiet people, and to the utter extinguishing of + all friendship, amity, and good neighborhood: for the punishment + and suppression whereof, and to the intent that all strife may be + ended, charity revived, and friendship continued,--we do order + that, if any woman, from henceforward, shall be convicted of tale + bearing, mischief making, scolding, drunkenness, or any other + notorious vice, that they shall be punished by ducking, or + whipping, or such other punishment as their crimes or + transgressions shall deserve, or as the Governor and Council + shall think fit. + + _Essex Register_, 1820. + + ------------------------- + +IMPRISONMENT FOR DEBT. + +The following scrap from a Boston paper of 1819 has reference to an +old method which creditors frequently resorted to in dealing with +troublesome, and no doubt oftentimes unfortunate, debtors. + + _CHRISTMAS DAY._ + + On this most glorious "Day of Days" there are in gaol for debt, + in this town, the following persons, viz.: + + 1 Head of a Family for 9 94 + 1 -- do. -- -- 8 12-1/2 + 1 -- do. -- -- 14 00 + 1 -- do. -- -- 9 61 + 1 -- do. -- -- 11 68 + 1 -- do. -- -- 27 00 + 1 -- do. -- -- 7 75 + 1 -- do. for schooling } 11 25 + his children, } + 1 -- do. discharged 1 88!!! + ----- + + Who among the opulent is willing to restore a _Father_ to his + Family and Christmas Fire Side? + + ------------------------- + +Sometimes debtors were not actually imprisoned, but were confined to +what was called the "limits of the jail;" that is, certain streets +within a specified distance of the jail. The writer distinctly +remembers, when a boy, of having a man pointed out to him, of whom it +was said he had refused to pay his debts, and so was only allowed to +go at large "within the limits of the jail." + +The law under which persons were imprisoned for debt was abolished in +Massachusetts many years ago. + + ------------------------- + +Somewhere about the year 1822 the tread-mill was introduced into +England. It was recommended by the "Society for the Improvement of +Prison Discipline." It was the invention of Mr. Cubitt, of Ipswich, in +England, and probably at that time or soon after it was used in this +country. Some years since there was one, as we are informed, at the +Massachusetts State prison at Charlestown. + + _The Tread-Mill_.--We publish to-day an interesting description + of the Tread-Mill, (a new invented Machine to enforce industry in + Prisons,) accompanied by a Plate representing the same, for the + use of which we are indebted to the politeness of the editor of + the Gazette. The introduction of these Mills into the English + prisons is said to have produced much good, and the experiment is + about to be tried in this country. The corporation of the city of + New-York are building one in the yard of their Penitentiary. One + of the late London papers announces the singular fact that on the + 12th of September, at the Town-hall, Southwark, there was no + charge, either of felony, misdemeanor, or assault, within the + extensive district, of five parishes, from the night before. + Crimes of all descriptions had lessened very much; and this + decrease, it is said, is owing entirely to the heavy and tedious + labor upon the prisoners at the mill. Orders had been given for + the erection of several more in England. + + _Salem Register_, 1822. + + ------------------------- + + Description of the Tread Mill + + _Recommended by the Society for the Improvement of Prison + Discipline._ + + The annexed engraving exhibits a party of prisoners in the act of + working one of the tread wheels of the Discipline Mill invented + by Mr. Cubitt, of Ipswich, and recently erected at the House of + Correction for the county of Surrey, situated at Brixton. The + view is taken from a corner of one of the ten airing yards of the + prison, all of which radiate from the Governor's house in the + centre, so that from the window of his room _he commands a + complete view into all the yards_. A building behind the tread + wheel shed is the mill house, containing the necessary machinery + for grinding corn and dressing the flour, also rooms for storing + it, &c. On the right side of this building a pipe passes up to + the roof, on which is a large cast iron reservoir, capable of + holding some thousand gallons of water, for the use of the + prison. This reservoir is filled by means of forcing pump + machinery below, connected with the principal axis which works + the machinery of the mill; this axis or shaft passes under the + pavement of the several yards, and working by means of universal + joints, at every turn communicates with the tread wheel of each + class. + + The wheel, which is represented in the centre of the engraving, + is exactly similar to a common water wheel; the treadboards upon + its circumference are, however, of considerable length, so as to + allow sufficient standing room for a row of from ten to twenty + persons upon the wheel. Their weight, the first moving power of + the machine, produces the greatest effect when applied upon the + circumference of the wheel at or near the level of its axle; to + secure therefore this mechanical advantage, a screen of boards is + fixed up in an inclined position above the wood, in order to + prevent the prisoners from climbing or stepping up higher than + the level required. A hand rail is fixed upon this screen, by + holding which they retain their upright position upon the + revolving wheel, the nearest side of which is exposed to view in + the plate, in order to represent its cylindrical form much more + distinctly than could otherwise have been done. In the original, + however, both sides are closely boarded up, so that the prisoners + have no access to the interior of the wheel, and all risk of + injury whatever is prevented. + + By means of steps the gang of prisoners ascend at one end, and + when the requisite number range themselves upon the wheel, it + commences its revolutions. The effort, then, to every individual + is simply that of ascending an endless flight of steps, their + combined weight acting upon every successive stepping board + precisely as a stream of water upon the float boards of a water + wheel. + + During this operation each prisoner gradually advances from the + end at which he mounted towards the opposite end of the wheel, + from whence the last man taking his turn descends for rest, + another prisoner immediately mounting as before to fill up the + number required, without stopping the machine. The interval of + rest may then be portioned to each man by regulating the number + of those required to work the wheel with the whole number of the + gang; thus if twenty-four are obliged to be upon the wheel, it + will give to each man intervals of rest amounting to twelve + minutes in every hour of labor. Again, by varying the number of + men upon the wheel, or the work inside the mill, so as to + increase or diminish its velocity, the degree of hard labor or + exercise for the prisoners may also be regulated. At Brixton, the + diameter of the wheel being five feet, and revolving twice in a + minute, the space stepped over by each man is 2193 feet. + + From the _Salem Register_. + + ------------------------- + + TRAVELLING ON SUNDAY. At the session of the U. States Circuit + Court at New-Haven (Conn.) last week came on the trial of _Foster + vs. Huntington_. This was a prosecution instituted by _Dr. + Foster_, of New-York, against _Deacon Eliphalet Huntington_, a + Constable of Lebanon (Conn.), for arresting plaintiff's wife on + Sunday, the 10th of July, 1831, at 3 o'clock in the afternoon, + and detained her at an inn until sun-down, and then released + her on condition of appearing the next morning to answer for + violating the Sabbath. Mrs. Foster was travelling from New York + City to her father's in Lebanon for her health, and had arrived + at East Haddam on the morning of Sunday, and took the regular + conveyance connected with the steamboat, and had arrived near the + meeting-house in Lebanon at the time she was stopped, and was in + sight of her father's (Dr. Sweet) house, when arrested. + + The action was for false imprisonment, and it was contended by + the plaintiffs,--1st, That Mrs. Foster was travelling from + necessity and charity, and so within the exception of the + statute. 2d, That the defendant could not justify himself as + Constable unless he carried the person apprehended under the + Sabbath law before a Justice. 3d, That as Constable he had no + power to detain, and that he did not disclose his authority as + Constable to arrest. And 4th, that the Sabbath law and its + provisions are unconstitutional. + + Judge Thompson charged the jury that the words "necessity and + charity" in our statute mean not physical necessity, but moral + fitness and propriety, and that it was incumbent on Mrs. Foster + to show that there was some necessity of this kind operating on + her when she left New York--she knowing that her regular route + would require travelling on Sunday; but that a Constable when he + arrests, must carry the prisoner, under the law, before a + Justice, and then he has done his duty; and as the defendant had + not done it in this case, he was liable. The Judge further + expressed a decided opinion that the law was constitutional, and + that before he could say a law was otherwise which had been + acquiesced in so long, he should require the strongest reasons to + be shown. As to what constituted an arrest, the Judge remarked + that force was not required, or a touching, but it must be a + detention professed to be done by authority and an exercise of + authority; which, he observed, was clearly proved in the present + case. The damages should give at least the actual injury and + something as smart money, if there was any bad motive. This the + Judge said did not appear, but the officer seemed to be impressed + with a desire to discharge his duty. + + The jury returned a verdict of 125 dollars damages and costs for + the plaintiffs.--_New-Haven Reg._ + + [This was a case tried under the statute of Connecticut against + the right of unnecessary travelling on the Sabbath. The result + appears to be very remarkable. In the first place, we consider + the Law itself to be clearly unconstitutional, and we have never + had the slightest doubt that if the question ever goes to + Washington, the Supreme Court will declare it unconstitutional, + and reverse the decision of the Connecticut Court.--_Boston + Centinel._] + + _Salem Observer_, May 4, 1833. + + ------------------------- + +The ridiculous practice here recorded does not appear to have gained a +foothold in America. It would have been, to say the least, less +harmful in its effects than the hanging of witches or the whipping of +Quakers. + + PROSECUTIONS AGAINST ANIMALS. The second number of the American + Jurist, just published, contains a curious article relating to + the prosecutions formerly instituted against animals, and for + whom counsel was sometimes assigned by the Court, in the same + manner as is now done in cases of capital felony. The first case + mentioned is a prosecution of some rats in the Bishopric of + Autun, in France. They had become so mischievous that a bill in + due form was filed against the rats, and a summons issued for + their appearance before the Court. The Judge, unwilling to take + advantage of their default, appointed an advocate to plead for + them, and he managed their cause so adroitly that by means of + this prosecution he obtained an elevation to the highest honor of + his profession. In another case counsel was appointed to defend + some caterpillars who had drawn upon themselves the vengeance of + the law; but the ingenious arguments of their advocate availed + nothing, and the caterpillars fell under the censure of a + spiritual Court, who ordered adjuration, prayers, and sprinkling + of holy water. + + _Salem Observer_, May 9, 1829. + +A very full and interesting account of this subject can be found in a +recent number of the "Popular Science Monthly." + + ------------------------- + +Arrest in Connecticut for teaching colored children. + + CONNECTICUT BARBARISM. We have been permitted to read a letter + from Miss Prudence Crandall, who is actually confined in jail in + the town of Brooklyn, Conn., for teaching colored misses to read + and write! + + The letter from Miss Crandall is dated "BROOKLYN JAIL, CLOSE + CONFINEMENT, June 28, 1833." Miss Crandall simply relates that + she was arrested on the 27th, with her sister, by Mr. Cady, the + Sheriff of the County, and examined before Justice Rufus Adams. + Miss Crandall was found _guilty_ of teaching blacks to read, and + was thereupon bound over, in the sum of $150, to appear at the + Superior Court holden at Brooklyn on the second Tuesday of August + next. + + Miss Crandall was sent to the county jail and put into the cell + which had been occupied by Watkins the murderer. At the close of + her letter she says, "If all the prisoners are as happy as I am, + I can assure you they do not bear much mental suffering." + + The friends of Miss Crandall were preparing to give the bond + necessary for her release. + + _Salem Observer_, July 6, 1833. + + ------------------------- + +Innholders prosecuted as lately as 1824 for the crime of entertaining +on the Lord's Day. + + _John F. Trueman_ and _Almoran Holmes_, licensed Innholders, + convicted on several indictments for entertaining two inhabitants + of Boston on the Lord's Day, they not being travellers, + strangers, or lodgers, were sentenced according to the act of + 1796, each to pay a fine of $6 66 and costs of prosecution. + + _Boston Telegraph._ + + ------------------------- + + LUDICROUS PUNISHMENT. In the first volume of the "Library of + American Biography, conducted by Jared Sparks," the following + incident in the life of Ethan Allen shows the character of the + government in Vermont in 1774, when the inhabitants were + resisting the claims of New-York to jurisdiction over their + territory. A Committee of Safety was the highest judicatory, and + Allen was Col. Commandant of the territory. If any person + presumed to act under the authority of the State of N. York, he + was immediately arraigned and judgement pronounced against him, + in the presence of many persons, by which he was sentenced to be + tied to a tree and chastised "with the twigs of the wilderness" + on his naked back, to the number of two hundred stripes, and + immediately expelled from the district, and threatened with death + if he should return, unless specially permitted by the + convention. + + "In the midst of these signs, the mode of punishment was + sometimes rather ludicrous than severe. In the town of Arlington + lived a doctor who openly professed himself a partizan of + New-York, and was accustomed to speak disrespectfully of the + Convention and Committees, espousing the cause of the New-York + Claimants, and advising people to purchase lands under their + title. He was admonished by his neighbors, and made to understand + that this tone of conversation was not acceptable, and was + requested to change it, or at least to show his prudence by + remaining silent. Far from operating any reform--these hints only + stirred up the ire of the courageous doctor, who forthwith armed + himself with pistols and other weapons of defence, proclaiming + his sentiments more boldly than ever, setting opposition at + defiance, and threatening to try the full effects of his personal + powers and implements of warfare on any man who should have the + temerity to approach him with an unfriendly design. Such a boast + was likely to call up the martial spirits of his opponents, who + accordingly came upon the doctor at an unguarded moment and + obliged him to surrender at discretion. He was then transferred + to the Green Mountain Tavern, in Bennington, where he was + arraigned before the Committee, who, not satisfied with his + defence, sentenced him to a novel punishment, which they ordered + to be put in immediate execution. + + "Before the door of this tavern, which served the double purpose + of a court-house and an inn, stood a sign-post twenty-five feet + high, the top of which was adorned with the skin of a Catamount, + stuffed to the size of life, with its head turned towards + New-York, and its jaws distended, showing large naked teeth, and + grinning terror to all who should approach from that quarter. It + was the judgment of the court that the contumacious doctor should + be tied in a chair and drawn up by a rope to the Catamount, where + he was to remain suspended two hours--which punishment was + inflicted in the presence of a numerous assemblage of people, + much to their satisfaction and merriment. The doctor was then let + down and permitted to depart to his own house." + + _Salem Observer_, April 12, 1834. + + ------------------------- + +From the "Essex Register," Feb. 19, 1820. + + Burning of a Negro in Georgia. + + From the Augusta (Geo.) Chronicle, Feb. 1. + + _Execution_.--On Friday last two negro men, named Ephraim and + Sam, were executed in conformity to their sentence for the + murder of their master, Mr. Thomas Hancock, of Edgefield + District, South Carolina; Sam was burnt, and Ephraim hung, and + his head severed from his body and publicly exposed. The + circumstances attending the crime for which these miserable + beings have suffered, were of a nature so aggravated as + imperiously demanded the terrible punishment which has been + inflicted upon them. + + The burning of malefactors is a punishment only resorted to + when absolute necessity demands a signal example. It must be a + horrid and appalling sight to see a human being consigned to + the flames. Let even Fancy picture the scene,--the pile, the + stake, the victim! The mind sickens, and sinks under the + oppression of its own feelings. What then must be the dread + reality! From some of the spectators we learn that it was a + scene which transfixed in breathless horror almost every one + who witnessed it. As the flames approached him, the piercing + shrieks of the unfortunate victim struck upon the heart with a + fearful, painful vibration; but when the devouring element + seized upon his body, all was hushed. Yet the cry of agony + still thrilled in the ear, and an involuntary and sympathetic + shudder ran thro' the crowd. We hope that this awful + dispensation of justice may be attended with such salutary + effects as to forever preclude the necessity of its repetition. + + COMMUNICATION. + + If any Massachusetts man can read the above without shuddering, + and experiencing alternate emotions of horror and indignation, + his heart must be harder than a millstone and colder than the ice + of the poles. We know not the particular circumstances of the + crime for which this poor wretch suffered, but as far as we can + learn from the public prints, it was for the murder of his + Master. The probability is there was some provocation; for such + dire deeds are not perpetrated without a strong and powerful + impulse. It is however of no consequence; no matter what was his + crime, such a punishment was abominable, and could not be + inflicted, even if the laws permitted it, in our State. If that + monster who committed the Stoneham murder in cold blood, impelled + solely by avarice, had not put an end to his own life, but had + awaited his conviction, had been sentenced to such a punishment, + although he would have merited, perhaps more than any other + offender who has appeared in our times, the greatest sufferings, + yet such a sentence could not be carried into effect. The people + would have risen at once, animated by one sentiment, and without + the least previous concert have prevented it. Every man in the + Commonwealth, waiving all distinctions of condition or age, would + have been seen, without consulting his neighbour or considering + consequences, putting a new flint in his musket and girding on + his sword. Thank God! our feelings and love of order and + obedience to proper authority can never be put to such a trial; + for the moment we became free, and created our own political + institutions, we made it a fundamental article of our Constitution + of Government that "no magistrate or court of law shall inflict + cruel or unusual punishment." In Georgia such a punishment would + not be inflicted upon a white man for any crime; and in the name + of Heaven, who deserves the greatest punishment for offences,--the + white man, who is instructed in the principles of religion and + morality, and is therefore justly accountable for his actions, or + the negro, who is kept by the policy of the laws and the power of + public opinion in a state of absolute ignorance of his duties, + lest he should obtain a knowledge of his rights? D. + + ------------------------- + +Singular account from the "Salem Gazette," April 13, 1824. + +ARREST OF THE DEAD. + + The United States Gazette says:-- + + "While the papers from the south and the west are bringing back + to us the report from Mr. Degrand's paper of the attachment of a + dead body in Boston, the Eastern papers are bringing us + assurances of the total illegality of any such act, and a + contradiction of some of the important parts of Mr. Degrand's + tale of horror. At the time of the first appearance of this story + in our city, a gentleman of information assured the public + through the medium of our columns that any such act was unlawful. + The Salem Gazette appears to think that no act of the kind was + ever lawful in Massachusetts. The Boston Courier states that in + Feb., 1812, the legislature of Massachusetts passed a law making + it highly penal for any civil officer to take the body of any + deceased person, and the writer who furnishes this information + says that 'he never heard that any such act of barbarism was ever + attempted in that Commonwealth,' but that the law was enacted to + guard against the possibility of such an occurrence, by a mistake + in the application of the terms, 'we command you to take the body + of A.B.' &c. + + "This writer undoubtedly knows better than we both the laws and + customs of his own state. But we have some recollections of an + event of this nature transpiring in the southeastern part of + Massachusetts. If we have not forgotten the events (or remembered + some that never took place), a Sheriff in Barnstable county, we + think in Brewster or Dennis, attached the body of a deceased + debtor on its way to the grave, about the year 1811. A + circumstance that fixes this event the more firmly in our mind is + that it transpired about _this_ season of the year, the time of + the gubernatorial election in that State, and was used as a + subject of reproach to one of the political parties; and we + incline to believe that this act, or, if it never took place, the + report of it (for it _was_ talked of), gave rise to the law + mentioned in the Courier. + + "It is proper, in concluding these remarks, to state that to + attach a dead body in Massachusetts is now _against_ the law; and + if the act ever took place which is detailed by Mr. Degrand, it + was done by the advice of an _ignorant_ attorney." + + We are enabled to give an accurate statement of the event to which + the editor of the U.S. Gazette above alludes; we copy it from a + publication made at the time:-- + + "On the 20th October, 1811, Capt. Chillingsworth Foster, jun., + AEt. about 41 years, departed this life; on the same day + Benjamin Bangs, Esq., of Harwich, with one Mr. Scotto Berry, of + the same place, called at the house of the deceased for payment + of a sum of about one hundred and thirty dollars, due said + Bangs, and requested the father of the deceased to give him his + security, said Bangs well knowing the parent to be in low + circumstances, and about seventy-five years old, and the mother + about the same age. The father refused to comply, stating + his inability to answer so great a demand without suffering + immediate distress. The said Bangs then declared that if he did + not comply, it was in his power to arrest the body of the + deceased. The father still refused, and Bangs left the house; + and a most distressed one it was, this being the last son out + of three, left these aged parents, the other two being lost at + sea, or died. + + "The Monday following was appointed to have the deceased + buried, when Col. Jonathan Snow appeared as Sheriff, with a + writ to serve on the body. Here the melancholy scene commenced, + a part of the relations being assembled, with the aged parents + convulsed in sorrow; no one can paint their feelings but those + who have children and are denied them the right of Christian + burial. The usual ceremonies on such occasions were however + performed, and an appropriate prayer was delivered by the Rev. + John Simpkins, and the funeral procession formed and proceeded + with the corpse about one and a half mile, and very near to the + spot of the grave, when the said Sheriff arrested the coffin, + without any service on the body, and it was set down in the + middle of the highway nearly abreast of said Bangs' dwelling + house, and forbid proceeding any further. A large company who + followed, with the mourners, soon after retired, and left the + officer in charge of the body. After lying in this situation + for some time, one of the Grand Jurors ordered it out of the + high road; this was complied with by the Sheriff, by placing it + under the window of the said Bangs, and about sunset still + further removed it into Bangs' dwelling-house. By this inhuman + proceeding the aged parents were deprived of seeing their last + and only son buried, as were the widow of the deceased and five + children. So distressing a scene never was witnessed in this + place, and perhaps not in the most barbarous nations. Between + seven and eight of the clock, the same evening, the body was + buried by a few individuals, and by the consent of said + Benjamin Bangs, Esq., after he had inflicted all the wounds he + could on the feelings of the poor grey-headed parents and their + relations." + + The barbarity and illegality of this conduct of B. Bangs, Esq. + (an influential democrat of that day), were viewed with + indignation from all quarters. The statute of Feb., 1812, on this + subject was not passed to render _illegal_ the arrest of a dead + body of a debtor, for that was _always_ illegal, but its object + was to fix the punishment, instead of leaving it to the + discretion of the Courts. Many undoubtedly recollect the instance + at Portland several years before, in which a debtor who was on + the limits was suddenly taken sick and carried out of the limits, + where he died. It was then decided to be the law that the + debtor's bond was not broken unless his body was out of the + limits by his own agency and will. + + So disinterring dead bodies of men was always a misdemeanor, but + in 1815 a law was passed by our General Court to fix the + penalties. + + ------------------------- + +The case of Stephen Merrill Clark is remembered by many people in Salem +and its vicinity. + + _Supreme Judicial Court._ + + At the present term of this Court in Salem, Andrew Dunlap, + John Foster, and Solomon Whipple, Esqrs. were admitted + Counsellors, and Asa W. Wildes, Esq. an attorney of said Court. + + _Capital Trial_.--On Tuesday Stephen Merrill Clark, a lad about + 15 years of age, was indicted for the crime of ARSON alleged to + have been committed in Newburyport, was arraigned the same day, + and pleaded _not guilty_. The day for his trial is not yet + fixed.--The Court assigned him Leverett Saltonstall and John G. + King, Esquires, for his counsel on his trial. + + _Salem Observer_, Nov. 4, 1820. + +Clark was subsequently convicted of the crime for which he was tried, +and executed upon Salem Neck in 1821. He had made a confession of his +guilt; but considering his youth, and the circumstances of his having +been instigated by others, as was believed, to the commission of the +crime, many humane people thought there should have been some +mitigation of the punishment. + + + + + +End of the Project Gutenberg EBook of The Olden Time Series, Vol. 5: Some +Strange and Curious Punishments, by Henry M. 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