Maumee City express. [volume] (Maumee City, Ohio) 1838-184?, 1838-10-06
MISCELLANEOUS.

e"e curly scttiement OF the Colony OF Con-
necticut, about the year 1642 under the ad-
ministrat,on ofEdward Hopkins, who for seve-
raj years was governor Of the Colony law
was passed by the General Court, as it was
then called, prohibiting the killing of deer du-
ring those months in the year in which they
were poor, and Of little or no value; and sub.
iect the offender to fine of forty shillings,
"one moiety whereof to be paid to the treasur-
er Of the town wherein the offence should be
committed, and the other moiety to him who
shall sue for and prosecute the same to effect.
And in case the delinquent shall be publicly
whipped on the naked body, not exceeding
twenty stripes"
Some time in the month Of April, month
in which the law forbade the killing of deer,
one of the Governors neighbors called on him
and stated that buck had for length of time
been in the habit Of feeding on field of wheat
near his house, belonging 10 him, and had be-.
come fat--praying his ExcelIency under the
circumstances, to give his permission to kill
the deer. The Governor replied, ~ possess
no authority by which can dispense with the
law--it would be of evil tendency, and BY no
means admissible" The applicant urged his
suit by Informing the Governor that he was
poor, had family of small children--tbat al
| though it was out ofthe season for killing deer,
yet the buck had fattened on his property, and
il would be great favor to have permission to
KILT. 81 cannot" replied the Governor firm.
ly, "permit any one under any circumstances
whatever, to violate the law--if you should
proceed to kill the deer, have you any reason
to suppose any one would prosecutor
! 81 have one neighbour" replied the appli-
cant naming him, "who like myself IL poor,
and who frequently kills deer himself contrary
TO law, though nobody complains Of him; this
neighbor, have reason to fear, would prose
cute for the benefits Of that part fthe penalty
10 which he would be entitled by the statute
"But," said the Governor, "in case you should
kill the deer, Though remember give you no
permission to do it,lwould it not be advisable
for you to make present to that neighbor nf a
quarter ofthat venson, to secure his friendship
and silencep' Upon this, the applic4nt WITH
out pressing his excellency farther, made his
bow and retired.
About three weeks after, the neighbor who
had been named rallied upon the Governor,
made complaint, and demanded warrant
against one of his neiglbors, for killing deer
contrary to law. "What evidence asked the
Governor, "lave you in support Of your conf
plaintF "Why," replied the complainant.
the told me himself he killed the deer. and
more than that, he gave me quarter of the
venison." ,'sIndeed?" said the Governor. sand
how did you find il? was il eatable at this time
OF the year?' "Oyes, SIR replied the com
plainant, g it was really fat; we have had an
open winter, you know, sir, and the deer has
fed on field ofwneat belonging tothe man that
killed it, and was os fat as deer usually are in
the fall ofthe year." 1a
Upon this disclosure of facts, the Governor
suggested to the compl ,inant whether it would
not be better to let the thing pnss off without
any prosecution. " You ought to consider"
said he, Eve are in new country: provisions
are scarce; many Of us experience great diff
u'ties in sustaining our families; you are not
Insensble that the reason and object Of the law
was to prevent the destruction of the deer du-
ring the season in which they are poor and not
fit to be eaten: you say this venison was fat,
and became so by feeding on the wheat OF
the ne'ghbor who killed il. In addition to
this you acknowledge he gave you quarter
Of the venison. Now, under all those circuln-
stances, would it not be considered uureasona-
BILE and even ungratetul to insist prosecuting
this neighbor who. bysyour own account, has
been SO Kind toyoua' -----.
But notwithstanding these suggestions. the
second Shyiock continued to press his suit OBJ
serving to the Governor, IL know my right,
sir--I know 1 am entitled to one half OF the |
legal penalty-I also know sir, you have sworn
to maintain and execute the law--yop cannot,
you dare not disallow my complaint, and deny
me the benefit Of lawp' The complaint was
fled, q, warrant issued upon it, and the delin-
etoJ I,r,,,,~ht hpf,, fb<, |
court, and being put to plead to the matters
charged to the complaint, pleaded GUILTY.
As soon as the Governor had announced the
sentence Of the law upon him, the delinquent
in mild but firm tone of voice replied, "Sit-
uated as / afn--I cannot undertake to ray the 4
fine of forty shilings--T feel unwilling to
starve my family by stunning my back from
the lash of the whip--I shall offer it as sat
isfaction IN lieu Of the fine. sgd.]
The Governor accordingly made outand de-
livered to the constable the warrant Of execn
tion---a knowle'ge Of the proceedings had
arouseu asprit ofindignatlon among the neigh-
bors against the prosecutor, and had br ,ught
them together to attend and hear the triai.--i
The delinquent presented his naked body to
the officer, observing TO him that il would mott
be necessary to tie his hands, as he should nei-
ther make resistance or attempt to escape. |
The constable tied light toe string to the end
Of short stick and began to perform his duty,I
BY strokes more suitable TO brush away flies
than to inflict painYupon the back Of criminal.
The Governor, who stood by with his law book /
under his arm, counted for the constable: and
40 soon as ten were numbered cried out g Stop
SIR, let me see how the law reads" Then
opening the book, read, thelother maiety to-
him who. shall sue for, and prosecute the same
10 effect "Tbis prosecutor is entitled to one
half the penalty; take him and bestow upon
him the remaining tenstripes." I" 0, but stop
i LITTLE" "suid he starting back, touch me if
7ou dare!---Why have not been tried--ypu
ant whip nem and made seme attempts 10
.scape. But the bystanders regarded the com
nand Of the Governor more than the remon-
franca af tho insf MT lu Ia ii Lnnds