The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-03-22

In the American colonies the law con-
tinued its exact and scrutnizing care. In
Virginia, i'm 1871. any person absent from
service for one Sunday was fined one
pound Of tobacco, and for four success
sive Sundays fifty pounds-quite an In
stance. by the way, OF geome trical pro-
gresson. Tobacco was coin current In
this plantation, just as to lesser extent
was Indian wampum. In Massachusetts
I'm 1921. Peter Radcliffe was sentenced to
pay 1i0, to be whipped to have his ears
cropped and to he banished for having
made speeches against the Salem church.
as well as the government And i'm 1915
Mary Oliver, for slandering the elders
had cleft stick put on her tongue for
half hour. Evidently the prudent man,
having an unfavorable clerical opinion
to express. would not have chosen the
housetops in those days.
The following instances OF sumptuary
legislation are taken from the blue laws
Of Connecticut, sO-called from having
been printed on blue-tinscd paper, rather
than from the effects they had on those
subject to them
no food or lodgings shall be offered
NO one shall cross river on the Sab
bath but an authorized clergyman"
probably, though, the jordan was not
included in this prohibition.
mo one shall travel. cook victuals
make beds, sweep houses, cut hair. or
be comfort in the latter detail for Brook
lyn barbers.)
mo one shall eat mince pies. dance
q pay CdIuS. OF play any instrument oil
music, except the drum, trumpet, or jews
harp" 1t is a question worthy Of consid-
Grafton whether or not the destruction Of
Thanksgiving by the first clause was
atoned for through the preservation Of
spring by the last.
Ancient criminal law in England was
far more wicked than the evils against
which Ii was directed Indeed, up TO the
I beginning of this century, its provisions
were savage almost beyond belief" to
use the words OF an eminent judge, VINO
fnra inc hos. II,
the report Of a state trial, II is-said: First
came the execution, then the hwy stigation,
and last of all, or rather not a c all, the ac-
cusation.P Nor was this presumption of
guilt uncommon; the accused was not al
lowed to speak, nor could his counsel
speak for him. THE theory of the law was
that the judge represented the interests
Of the prisoner-a rair paraphrase of ask
ing for bread and getting a stone. Hun
dreds upon hundreds of felOnies We're pun
ishabe by death. Ii is related that Ben
OF an act of parliament, enumerating 0api-
tai crimes, and found that they were
sufficient in number to make up three
volume novel, TO say nothing OF the SUI
perabundance of horrors that they could
furnish for its plot Blackstone denies
that the English courts permitted tortur-
ing; but this statement is more patriotic
than veracious. At least, IL may be as
serted that they winked at IT.. and that
the collection of blood curdling machines
in the Tower We're by no means cufiOSi-
ties to malefactOrs 1t was not until 1899
that burning alive as a punishment of
treason was abolished. Women, by the
way, committed a species OF treason when
they murdered their husbands, and were
burned alive for that Blackstone excuses
the custom by saying that 1t was Out of
naturally recalls KO-ko and his boiling
oil in this connection.
Boiling alive. by the way, was the pun
ishnent prescribed for poisoning. Nor
is this to be wondered at when one con-
siders how commonplace an event was
hanging. During one year in the reign
of Henry VIII, 1900 thieves were hanged,
while in 1855, in London alone, 81 persons
were similarly executed for shoplifting.
OF course, some regard had TO be paid TO
the dignity of a crime so far more afro
cious! Lord Ferrers, who committed a
most cowardly and brutal murder, thought
it was against the privileges of his order
that he should be hanged, and, therefore,
prayed the courts that he might be be
headed, la Charles /, at Whitehall This
petition was denied, with the concession
that the fatal rope in his@case should be
silken. Whereby certain good hemp was
saved from ignomy
When a criminal refused to plead, he
was pressed to death-a strange way OF
getting an expression from him. The last
| instance of this mode of furnishing Obdu-
racy occurred in Sussex in 1885,. The con-
demned was laid on his back, and plank
placed over him. On this 100-pound
weights were successfully set, with inter
walls for yielding Finally, the execution
er Jumped on top, and, being a heavy man.
conclusively settled the question. In our
modern courts defendants are more apt
to be talked to DEATH More allowance
was shown for a criminal apprehended
| for breaking Jail. In an ordinary case
| this was a felony. but with the merciful
proviso: IF the prison was on fire, not
so; for he is not to be hanged because
he would not stay to be burned"
Grotesque punishments were. not I'M
! common. a frequent sentence for some
trivial misdemeanor was that the defen-
dant should ride around Westminster
Hail with his face to the horses tail.
Scolding wives were ducked in a miry
pond, being set on the end Of a contriv-
ance something like unto the sWeeD of an
ed in the stocks. The real point of all
these exposures was the abuse that the
unfortunate was sure to receive from the
populace. Bull-baiting was tame in CON-
Darison There were grotesque pleas in
abatement, too, rs when defendant Of
fered to maintain his innocence through
the ordeal Of the battle. This mediaeval
custom actually remained in fun force
on the statute books until the reign OF
George Ill, and then only was swept
away through the following notorious
scandal: A man named Thornton muir
dered his sweetheart Mary Ashford.
There was a failure of proof, and he was
acquitted. Under what was then known
as ian appeal Of murder" her brother
ton plead as follows: Not guilty, and
am ready to defend the same with my
body; and taking off his glove, he threw,
II on the court room floor. Now the muir
man, while Thornton was a giant: 50
there could be no reasonable doubt mir
acles being excluded. as TO what would
be the result Of a conflict between them.
The judges deliberated, but finally had 10
announce that the plea was legally sdfi
cient. WhereupOn Ashford's lawyer With
drew the appeal, and Thornton went scot
free.