The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-06-25
Crime and PENALTY
Worcester County
Court Procedure in
Early Days.
THE AMERICAN JACK SHEPARD.
Escapades Of Wild Stephen
Burroughs Make Him
Famous.
THE AMERICAN JACK SHEPARD.
[By Franklin P. Rice.1

pfesent. A hundred years ago and
more, the pillory, stocks, whippingpost
and the gallows We're common objects,
and the penalty followed swiftly the
Intense. Sentimentality did not then
prevail, and scientific criminology was
III the distant future. Public opinion
Condemned the delinquent, and he must
take the consequences.
An eminent jurist has recently advo-
cated the restoration Of the whipping
post, and the infection of the lash as
4 punishment for certain offenses, only
to be denounced as one who would
bring back the "brutalizing and de-
Grading customs of the past" But if
bis belief that it will prevent repe-
tition of the specified crimes is well
grounded, how can that be brutalizing
IN the larger sense? Said a governor
of Delaware, where whipping prevails:
1.-THE offender rarely appears twice for
punishmment. He either behaves af-
ter it or leaves the state"
Worcester county was formed in 1881
and during the next half century most
of the public civil and criminal bust
ness was transacted in the court Of
general sessions, which could hear and
determine all matters relating to the
s conservation of the peace and the pun
ishment of offenders in minor criminal
eases. In its civil capacity, it had
charge of the financial concerns of the
county, controlled the Jail, granted IL
scenses to innholders and retailers, and
located and established highways, dis
charging the duties now performed by
county commissioners. This court was
presided over by all of the justices of
the peace in the county (far less numer-
Gus in proportion to the population than
at presently, with one or more of the
Judges of the court of common pleas.
a Sessions were held four times yearly.
Juries were summoned If demanded.
The judges, with few exceptions
Knew little of law, and were selected
from the prominent men of the county,
more for substantial worth than for
special qualifications for the office.
Their judgments were sometimes
awarded without reference to the
Statute, and on appeal not infrequently
reversed, In one direction at least they
unquestionably manifested the legal
Instinct, and were, as Rufus Choate
said, strictly professional: If the de-
fendant had any cash. they obtained
possession of it before he was per-
mitted 20 leave the court. Innocence
or guilt of the culprit made little diff
ference; fees and costs We're eXacted
In every instance.
In the records Of this court the min
Ctes of the prosecutions for the various
Offenses and violations Of the then
criminal code, with the penalties eX-
acted, are curious, and some of them
ludicrous. The methods of punishment
and degradation applied in most cases
We're whipping and putting in the
stocks or pillory, and these could gen
orally be compounded by paying a fine;
/ A large proportion of the Offenses tried
in this and other early courts were
those against public morals, and a
contrast unfavorable to those times is
often drawn by an, examination of such
evidences: but ii should be understood
that evasion of the natural cOnse-
quences of wrong-doing was very little
fesorted to then. and methods practiced
at the present day little known.
Prosecutions for violation Of the
Lords day abound, with occasional
ones for theft and drunkenness. Ne
elect to attend the public worship Of
4 God for more than one month was
frequent misdemeanor. and laborng on
a fast day resulted in punishment by
fine or otherwise. In the case Of Eli
philet Warfeld, bound over for the lest
named act he pleaded to the INSULT
cheney of the presentment, which plea
was allowed, and he was ordered to|
be dismissed paying cost" This he re-
FUSED to do and was per order Of court
Committed to his majesty's gaol, there
to remain until dismissed by order Of
law" This is a specimen of the nigh
handed procedure of the times.
The financial proceedings in these
courts were sometimes rather queer.
In the case of Sarah Read, sentenced
to pay a fine of three pounds or De
Whipped on the naked back five stripes
Ill is recorded that "she paid the me
and cost in court, which was DIVIDED
to the justices present in part OF what
was due to them, being IS. ID. apiece
They evidently believed in securing
their salaries as they went along, any
distributed the money as tast as 1t
came in.
The following sentences imposed by
these MAGISTRATES have a puritanlCal
flavor. and will illustrate the charac-
ter Of this court:
"John Fitz Gerald did feloniously steaI
and carry away fifty pounds IN pliiS
aud merchants notes and SIX SILK ndilu-
jxerchiefs of the value of ten shilllnSs'
4 6eina fhe nroper estate of Samuel Law
dy+*&*tto be whipt on the naked hody
twenty stripes; to pay said Lawdy ire
4 bile the, monies and goods stole, ana on
neglecting. to be bound TO said LaWdy
at ten pounds a year, and that ne pay
cost and fees" 80,
"John Biglo of Worcester, innhoider'
present ID by the grand jury Tor allow
ing William Temple to be at ms h9u
Mt an unreasonable time Of the highL
and there suffering him to abuse (oy
words Duncan Mcfarland, appeared IN
court and made excuse ana WAS us
missed, paving cost.
A man and wife convicted or mlsue-
meanor were ordered in lieu OF hhe 10
be whipped on the naked body nVe
etripes each. and Judgment was sal-
isfied in court" This is rather ambigu-
Gus.
The Spy of the post-revolutionary Pc
riod contained SUCH items as lhese'
ION Thursday last several infamous iifI.,IIl
persons convicted of tEefts shop!II ms
&C., at the supreme court lately ho n1is.
for this county, received me uls,' li,lirS
of the post, after which ore oL 'i'e'''
was branded in the forehead.
About a fortnight ago a man Maa
committed to gaol in this town lot
Stealing: he had his trial one day IaSt
week: was convicted; sentenced 10 DC
whipt but died suddenly on lhe
morning of the day on which he was u
receive his punishment. ~.
"A man and woman convicted OF
adultery were sentenced, the man 10 SIT
one hour on the gallows with a rope
about his neck. TO be publicly whip
ped 80 stripes and be imprisoned three
months; the woman an hour on tlS
gallows with a rope about her neck ana
20 stripes"
ION Tuesday last a man stood in the
.oillorv two hours, had one of his ears
cropped, and received 20 stripes agree
ably to the sentence Of the supreme
judicial court
Last Sunday evening three prisoners