Goldsboro weekly argus. [volume] (Goldsboro, N.C.) 191?-19??, 1914-12-03

of instances of severe character. A
fair instance may be found in the
judgment rendered in the case OF
State VS.. Daniel Gooding, who had
been convicted of burglary, which
reads:
ION the arraignment of the prisoner.
he having pleaded guilty in part as
charged in the Indictment as appears
under date of the 3rd instant, and
Stephen Miller, Esq, solicitor for the
State, who in this behalf prosecuted
for h said State, being present here
in the Court, saith that he admits the
plea aforesaid Of the prisoner, and
prays judgment, etc. And it being
thereupon demanded of the said Daniel
Gooding, if he hath or knoweth any
thing wherefore judgment of death
should not be pronounced against him
thereof, he prayeth the benefit of his
clergy, which is allowed to him. And
it is thereupon considered by the
court here by force of statute in
that case made and provided, that
(instead of the burning of the hand)
the said Daniel Gooding be four
times publicly whipped, once on Mon
day, the 9th inst, again on the 3rd
Monday in November next, and on
the 3rd Monday of February next,
and the fourth whipping on the first
Monday after the fourth Monday of
March next, and hat he receive 25
1ashes on his bare back each time.
And it is ordered that the Sheriff of
Wayne county carry the judgment
into execution and have the said
Daniel Gooding in his custody until
the same is executed"
Another judgment rendered during
this period is as follows:
"Whereupon it is considered by the
Court that the prisoner, - be
set in the pillory for one hour and
receive on his bare back 25 lashes,
and be imprisoned for the space of
12 calendar months, and that the
Sheriff of Wayne county carry this
sentence into execution, and cause
the whipping to be inflicted on the
Tuesday Of the next court, and the
pilloring on the Monday of the same
court. And that the prisoner stand
until the costs are paid.
This, the 7th day of October, 1928"
I am unable t o find any instance in
the Court of Pleas and Quarter
Session in Wayne tried any defend
for a capital felony, but as late
as 1887, in our neighboring county of
Duplin, the Court of Pleas and Quar-
ter Session constituted of several JUS
tees of the Peace n without jury
tried a murder case, convicted the de-
PENDANTS and ordered the execution.
Two negroes, brothers, were charged
with killing their master OF March Is,
1887. They were brought to trial
March II, 1881, before the Court of
Pleas and Quarter Session, and con-
fessed their guilt. The elder, who
the blow, was sentenced to be
to the. common gaol and there
to be safely kept until the ext day,
when he should be carried by the
Sheriff to the Court House square
and there tied to a stake and burned
alive, and his ashes scattered upon
ground. It vas adjudged that the
young brother be committed to the
custody of the Sheriff, to be carried
to the county gaol and there safely
Kept until the next day, n then car
ried to Court House square, tied to
1 stake and have his ears cut off, the
.etter M branded on his cheek, and
hundred lashes laid or his bare
back. (This leniency is shown-as
S recited in the minutes of the court
IN account of his youth, and the prob
that he had been under the
influence of his elder brother.)
There we're many more capital of
.enses than in this day. The institu>
ion of slavery was responsible for
he enactment of many harsh laws.
t was made a crime to teach a slave
% read, it was a crime for a slave
preacher to preach to slaves, other
han those of his wv master. A
slave found off his masters planta-
ion without a pass, when caught by
he patrol, was subject to be beaten
With many stripes. A runaway slave
be outlawed on the application
If any person by two justices of the
peace, upon its appearing that he
supposed to be lurking in the
woods Or swamps and killing cattle,
it vas expressly provided that
slave might be killed by any
person who might find him, and in any
manner that he saw fit, and hat the
slayer should not be in any manner
jailed to account therefor. The steal
ng of slaves was punished by death,
without benefit of clergy.
So fearful were the lawmakers and
he people of negro instructions that
10 books or papers of any sort we're
permitted to be distributed among
he slave population, or among the
free negroes-an unintentional rec
of the power of enlighten-
nent. The legislation in reference to
slaves was a stronger Indictment of
he system than the phillipics of all
he abolitiOniSts.
While the laws were severe in some
respects, they were mild in Others.
0ffenses involving moral tu%rpitude,
such as forgery, larceny and fraud,
we're severely punished, while crimes
If violence were dealt with more
Violations Of law resulting
rom impulse or the natural frailities
Of human nature were treated with
great tenderness.
The court records of to-day show
hat we have inherited many of tie
feelings and practices Of our ances-
,ors.
Laws were passed to correct the
morals of the people by mild punish
1t was enacted that every
person swearing in public should be
dned rs cents for each offense; hat
every person convicted of being pub
Iicly drunk should be fined 25 cents
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