Richmond Indiana palladium. [volume] (Richmond, Ind.) 1837-1839, 1837-06-24
From the Delaware State Journal.
KIDNAPPING.


victed at the last sitting Of the court Mt Smyrna,
for Kidnapping, to stand four hours in the plory,
then to receive upon the bare back sixty lashes,
put four yours in solitary confinement, sold for
seven years to the highest bidder, and pay fine |
Of fifteen hundred dollars.''
We are induced to notice the above paragraph
from having observed it copied in several rcspcc-
table prints--among which the Baltimore Pa
triot and Pennsylvania Inquirer. Where IL origin
ated we know not. 1t is partly untrue IN point
OF fact, and wholly SO in the impression 1t seems
intended to convey, that chief ,s;icc C!a:ton has
demeancd himself with uni &c or improper sever
ity in tho case alluded II. Ju.qc Clayton had
his associates, and able asspei1.es. sittiGg with
him at the time this ''rathcr severe sentence was
rendered, fact which the author OF the para
graph seems to hive forgotten. Judge Clayton,
We say, AMI his associates, Judges Black and Lay
ton, arc merely the organs Of the law, AMI must
mike their sentences, III all cases, conform to the
law, whether thIt be severe not.
Foe the crime OF Kidnapping, the law Of this
state has provided that, ''cycry person convicted
ofkidnapping shall forfeit AMI pay to the state a
fine OF not less than one THOUSAND dollars nor
more than two THOUSAND dollars, shall be set OH the
pil!Ory for the space of hour, shall be public
lywlrppcd with sixty lashes on the bare back well
laid on, and shall be imprisoned in solitary conine
mcnt for term not less than three more than
seven years, and Mt the expiration of SAID imprs
onment shall be disposed ofas a servant to the
highest and best bidder or bidders, for the term
Of seven years; AMI every person or persons, so
Offending a second time, upon conviction Of such
second offence, shall suffer DEATH
The kiiDlpper. IN the present case, was John
Whaley, an old offender, and the case was that Of
his own apprentice boy. whom Whaiey Ind sen;
20 the house of Michael Mil.man, in Dorchester
county, Maryland, formerly notorious the
scene OF the atrocious murders committed by the
celebrated kidnapper and murderer, Joe Johnson,
and the shc demon, Patty Cannon. The boy was
in this horrible den IN chains, ready to be shipped
o.fwih a Number Of other kidnapped blacks, where
two Sussex gentlemen, who were in pursuit of
their own servants, found him and restored him to
freedom. Whitley was tried last October, in 5 rs
SEX at the superior court, but acquitted, the
offence having been committed in Kent county
his guilt being clear, however. the court bound
him over for trial in Kent. On the trial at Do
yer, tho case was proyedby great number of wit
nesscs, to be oil Il most outrageous and aggrava-
ted character, much so, that Whaicy's council
did not attempt to argue the facts to the Jury, by
whom he was found guilty on the whole iniict-
mcnt, almost Immediately -CousiIer:ny the Il.
trocious character OF the offence Of kidnapping
the crueltIcs and even mirdcrs which it frequent
~ involves, and the difficulties Of conviction,
have always regarded IT as crime which merit
cd the utmost severity of the law. In the pres
cnt instance, there not redccming circum-
stancc--thc nun old offender, he had rob
bed under trust, for the boy his apron
ticc, confi1ed to his care and keeping by the law.
u u
which would warrant them in going to tho utmost
extent Of the law. They did not, however, go
TO the utmost extent of the law, their sentence
goes little beyond the minimum fixcdby the act OF
assembly. The '.foar hours pillory, is an cxag-
reration, Of course. The sentence ono hour
in the pillory, sixty lashcs, four years imprison
mant, (there is solitary Imprisonment in this
state though the law in this directs it,) fine
Of $l,500-lnd the sale for seven years, which is
an affair altogether nominal. Such IS tho cypla
e epys,t oI
not by the ''Ilon. John NJ. Clayton but by the
court, composed Of chief justice Clayton, and as
sociates Black and Layton, and prescribed by the
letter of the lsr. a sentence never was more
richly merited. The mode Of punishment may
not please those who indulge morbid sensibili
u on the subject ofcriminai punishment, but tina
fault, IL any, attaches to the legislature and not
to the court. Delaware adhcrcs to her ancient
code, while modern rclorm has been busi!y deal!
ing with every thing around her, but we know that
reborn is not always Improvement, and Delaware
is contont to rcmiin she Is until something
better fhan she has vet seen Is presented to he
consideration.
While we arc on the subject .of kidnapping
come "reminiscences occur to us connected will
Joe Johnson AMI Patty Cannon, whose names are
mentioned above, which mly be deemed interest
ing to our readers. This Joe johnson and Patti,
Cannon, few years ago, were as notorious in tht
lower part of this state, and Of Mary land, mur
dcrcrs, kidnappers and robbers. the most re
nowned heroes of this description, we have o,
record.-Joe Johnson's house. which is now occsi
pied by Michael Miilm,n kidnapper, 1--WE ar
not aware that Michael has yet added the title O
murderer and robber to the more ing.orious ont
Of kiln ippcr.) lies in Dorchester county, Mlry
land. within a stones throw of Caroline county
in the same state, and OF Sussex in our own state
Patty Cann,ns house was in Sussex county
and but a short distance from JOhnson's. Joe
house was a receptacle for all the kidnapped nc
groes from this state and the country round, and
more COW enicnt location for such purpose coul
scarcely be imagined. Ii was scquestered spot
ut distance from any road. in a thinlv settles
ncghborhooj, and ii pressed by the law or its o
ficors, nothing easier than for Joe and hi
mysm.ions to escape into the adjoining county c
Caroline, If it suited him better. into state
Patty Cannon's house was convenient too.
sort Of stopping place, where gentlemen OF tn
kidnapping fraternity might refresh thcmselve
and their charge before they reached the genera
depot, Joe Johnson's house. Patty was strap
ping wench-a wornin Of great strength and &c
roclty. She colld and oSicn did knock down
stout negro man, tic him, put him IN cart. an