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 £33-9-6, 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 £40-5-0, 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 £18-4-0, 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 £16-8-0,
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 £5-2-0, 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 £30, 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 £60, 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.