Chapter XVIII

Crimes and Punishments.

 

Rice was executed Dec. 9,1752, and Kelley (who had been respited to identify Bryan Doran, as a person of that name had been arrested in Maryland, but subsequently shown not to be the assassin) was hung Dec. 16, 1752.

At a Court of Oyer and Terminer, held at Chester, Aug. 25,1760, John Lewis was convicted of the murder of his wife, Ann. The Provincial Council, Sept, 8, 1760, issued a warrant directing his execution.

In 1705 an act creating a special court for the trial of negroes was passed by the colonial authorities, and, although a Supreme Court for the trial of negroes was created and judges commissioned by Lieutenant-Governor John Evans, in February, 1706-7, our records show nothing respecting any tribunal under that enactment until May 28, 1762, at which time a "Special Court" was held at Chester, "before John Hannum and John Morton, Esqs., two of his Majestys Justices of the peace within the County aforsd particularly Commissioned," with the assistance of six of the most substantial freeholders of the neighborhood, who were "duly & legally summoned, returned, Sworn & affirmed well and truly to give their assistance and judgment on the tryal of such Negro or Negroes as shall be charged or accused before them of committing any Murder, Manslaughter, Buggery, Burglary, Rapes, attempts of Rapes or any High or Heinous offence committed acted or done within the sd county." The first case was that of Negro Abraham Johnson, a slave of Humphrey Marshall, who was arraigned on an information exhibited by Benjamin Chew, attorney-general, charging the defendant with "murdering a certain negro man named Glascow, the slave of Alexander Boyd." The court assigned Joseph Galloway, Esq., to defend the accused. "The court find defendant not guilty of murder, but that he is guilty of homicide se defends," and thereupon discharged the prisoner from arrest on the charge, but held him for payment of costs.

At a like special court held March 2, 1764, Phoebe, the slave of Joseph Richardson, was tried for "Feloniously & Burglarily breaking and entering the Mansion house of Thomas Barnard, and stealing thereout divers Goods and Chattles, the property of the said Thomas Barnard." . . . "And now on hearing proof in this Case It is considered and adjudged by this Court that the said defendant Negro Phoebe is Guilty of the Felony & Burglary aforesaid in Manner and form &c. And thereupon it is further considered and adjudged by this Court that the said defendant Negro Phoebe be led to the prison from whence she came and from thence to the place of Execution and there be Hanged by the Neck till she be dead." By the act of March 5,1725-26, negro slaves convicted of capital offenses were to be valued, and such valuation was to be paid to their masters out of the colonial treasury. In this case Phoebe was valued at fifty-five pounds, which it seems was paid to her master, Joseph Richardson.

On Nov. 30, 1754, Chief Justice William Allen and Alexander Steadman, the latter commissioned that year one of the puisne judges of the Supreme Court, presided at the Oyer and Terminer, at Chester, at which Jane Ewing was tried and found guilty of the murder of her bastard male child, on April 3d of the previous year, and was sentenced to death. "It being reported to the Governor by the Justices of the Supreme Court that they discovered on her trial no kind of remorse," and that the evidence showed that her crime was an aggravated one, a warrant for her execution on Saturday, Jan. 29, 1765, was issued.

Aug. 15, 1768, John Dowdle and Thomas Vaughan were tried for having, March 31, 1768, murdered Thomas Sharp. The prisoners were convicted and sentenced to be hung. The Provincial Council ordered that they be executed in the county jail on Saturday, September 17th, of the same year.

At the Court of Oyer and Terminer, held by the justices of the Supreme Court at Chester, June 11, 1770, Matthew McMahon was tried and convicted of the murder of John McClester, laborer, of Middletown. A warrant directing his execution on Saturday, June 30, 1770, was issued.

At a similar court held at Chester, March 23, 1772, Patrick Kennedy, Thomas Fryer, Neal McCarther, and James Dever were tried on a charge of rape, committed on Jane Walker, of Thornbury, in November of the year previous. They were all convicted and sentenced to death. Patrick Kennedy was ordered to be executed on Saturday, May 2, 1772, but the others were reprieved during the pleasure of the Lieutenant-Governor, Richard Penn.

On Saturday, Dec. 26, 1772, Henry Philips, a laborer, who had been convicted of the murder of Richard Kelley, was executed at Chester by order of the Provincial Council.

John Jones, Aug. 23, 1773, was convicted of burglary and sentenced to death, but Lieutenant-Governor Richard Penn commuted his sentence to transportation, conditioned that he should "never return unto the Province."

In the summer of 1775, James Willis was convicted of the murder of Daniel Culin, and Governor John Penn ordered his execution to take place Saturday, Sept. 30, 1775.

During the gloomy days of the Revolution several murders appear to have been committed, the perpetrators of which, so far as the records show, were never discovered, or at least not brought to justice. On Sept. 16, 1775, John Faughnar, a peddler, was brutally murdered and robbed on the highway, near the Red Lion Inn, in Uwchlan township, in the county of Chester. Suspicion pointed to Fleming Elliott, who could not be found, and the Governor offered a reward of fifty pounds for his arrest, apparently without success. Early in 1778, Benjamin Harmon was murdered under aggravating circumstances in Chester County, and Henry Skyles was

 

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