South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1837-06-17
From the Delaware State Journal.
"RATHER SEVERE.

"RATHER SEVERE.
| "The Hon. John M. Clayton, ofDelaware.
sentenced man who was convicted at the
last Sitting of the Court, at Smyrna. for kid
mapping, to stand four hours in the pillory
then to receive upon the bare back sixty lash
es, put fouryears in solitary confinement, sold
! for seven years to the highest bidder, and pay
a fine of fifteen hundred dollars"
| We are induced to notice the above
paragraph from having observed it cop
led in several respectable prints
fnong which are the Baltimore Patriot
and Pennsylvania Inquirer. Where it
originated we know not. 1t is partly
untrue in point of fact, and wholly SO
in the impression it seems intended to
convey, that Chief Justice Clayton has
demeaned himself with undue or i'm
proper severity in the case alluded to.
Judge Clayton and his. associates; for
he had associates, and able associates,
sitting with him at the time this "rather
severe sentence was rendered, a fact
which the author Of the paragraph
seems to have forgotten,-Judge Clay
ton, we say, and his associates, Judges
Black and Layton, who are merely the
organs of the law, and must make their
sentences, in all cases, conform to the
law, whether that be severe or not.
For the crime of kidnapping, the law
ofthis state has provided ttat-"every
person convicted of kidnapping shall
forfeit and pay to the state fine ofnot
less than one thousand dollars nor more
than two thousand dollars, shall be set
on the pillory for the space of one hour,
shall be publickly whipped with sixty
lashes on the bare back well laid on,so
shall be imprisoned in solitary confne-
ment for term not less than three nor
more than seven years, and at the ex-
piration Of said imprisonment shall be
disposed Of as servant to the highest
and best bidder or bidders for the term
of seven years; and every person orper-
sons so offending q second time. upon
conviction of such second offence, shall
suffer DEATH"
The kidnapper in the present case
was John Whaley, an old offender, and
the case was that ofhiS own apprentice
bow. whom Whaley had sent to the
house of Michael Millman, in Dor
chester county, Maryland, formerly no
torious as the scene of the atrocious
murders committed by the celebrated
kidnapper and murderer, Joe johnson,
and the She-demon, Patty Cannon
The boy was in this horrible den IN
chains, ready to be shipped off with a
number of other kidnapped blacks,
where two Sussex gentlemen, who
were in pursuit of theirpwn servants
found him and restored him to free
dom. Whaley was tried last October
in Sussex, at the Superior Court, but
was acquitted, the offence having been
committed in Ken. county; his guilt
being clear, however, the Court bound
him over for trial in Kent. On the trl-
al at Dover, the case was proved by a
crgat number Of witnesses, to be OF the
most outrageous and aggravated char
acter, SO much so, that Whaleys coun-
sci did not attempt to argue the facts
to the jury, by whom he was found
guilty on the whole Indictment, almost
Immediately. Considering the afro !,
cious character of the offence OF kld-
mapping, the cruelties and even muir
ders which it frequently involves; and
The difficulties of conviction we have
always regarded it as a crime !, winch
merited the utmost severity OF the law
Il In the present instance, there was not no
a s;nqle redeeming circumstance-the
man Z was al old offender. he had robb-
ed under trust, for the boy was his own
apprentice confded to his care anS
| a kpeeepins by the law, and the court had
r;aht to view it as case which would
warrant them in going to the utmos
extent ofthe law They did n 70 nov l
I sr IT. d t. thg iitm0stsxfent ofths law