Clark, of Philadelphia, Trader,-Tried and Executed at Salem, W. J. the 23 Feb. 1694." The whole points in the trial are too long to be given in this place; but the facts and proceedings, of an unusual character, are preserved in my MS. Annals, in the Historical Society, page 194 to 196. All the jury took their averment. The "clark" asketh: Art thou guilty? He answers-“not of the murther, but of the fellony." When first apprehended, he was confronted with the corpse and bid to touch it. which he did, saying, "If I have murthered him he will bleed afresh, and saying, poor innocent man, why should I destroy him-if I hurt him I wish the earth may open and swallow me up!"

Bold and hardened as he thus appeared, and although he had no direct witnesses against him, he betrayed himself, by answering questions, into so many contradictions concerning himself at the time of the murder, that he got confused, and finally came to open and general confession, saying the deceased was in his own little vessel, alone by the creek side, when he passed a rope round his neck in his cabin, telling him I would not destroy him, whilst he said, I think you intend to choke me. I then asked him if he had got some money, and he said he had some wampum, a piece-of-eight and some double bits. He cryed-spare my life and take all; but I pulled both ends of the rope together, whilst he cryed, Lord have mercy upon my soul, repeatedly, even till he was dead. It does not appear that there was any attorney or pleadings in behalf of the prisoner; but the court had some one as "King's Attorney." When he demanded judgment after the verdict of guilty, the court was much perplexed to pass sentence of death, they being only Justices of Peace; but as there were "no superior courts in the province," the Coroner's Inquest, the jury, and the most part of the country then present, joined in a written petition to the court to give their sentence, which was thereupon done accordingly, and in five days afterwards he was executed, a penitent, &c.

In the year 1705, men were fined (by law) 20 shillings for labouring on the Sabbath-day, and 10 shillings for being found tipling in a tavern on that day.

The same year (1705) there was made an act against fornication and adultery. For the latter, the parties received 21 lashes and hard labour for one year, or pay 50£. fine, (the injured party had a right of divorce) and for a second offence seven years imprisonment. For fornication, 21 lashes or pay 10£. fine each. Severe laws! as the lecherous would judge now! At that time men were fined 12 pence for smoking in the streets! Think of this, ye moderns! In 1720, Edward and Martha Hunt, man and wife, are sentenced to death for making and passing counterfeit dollars. It is said to be the first case in which death was inflicted in the colony for a like offence.

CRIMES AND PUNISHMENTS.

"Self-banished from society, prefer

Their hateful crime to honourable toil."

We have been so long happily delivered from the former exhibitions of the pillory, whipping-post, ducking-stool, wheelbarrowmen, and even hanging itself, that it may serve to show the aspect of quite another age, to expose the facts in the days of our forefathers, as derived from the presentments of Grand Juries, trials in the Mayor's court, or from the Gazettes, to wit:

1702-John Simes, ordinary, and others, are prosecuted "for keeping a disorderly house to debauch the youth.--John Smith was disguised in women's clothes walking the streets openly, and going from house to house, against the laws of God and this province, to the staining of holy profession, and against the law of nature. Edward James, a like offender, at an unreasonable time of night.-Dorothy, wife of Richard Canterill, is indicted also for being masked in men's clothes, walking and dancing in the house of said John Simes at ten o'clock at night.-Sarah Stiver, wife of John Stiver, was also at the same house, dressed in men's clothes, and walked the streets, and went from house to house, to the encouraging of vice," &c.-the house was in Front street. Probably there was no further attempt at "Masquerade Ball" from that time till about 14 years ago, when some foreigner publicly proposed to introduce them at his dancing room. It was promptly suppressed by an act of the Legislature, got up, before the night of intended execution, by John Sargent, Esq. It was then supposed for a while that the steady habits of our citizens would have frowned down any future attempt; but the inroads of luxury have since succeeded to evade the force of law, by getting through two "Fancy Balls," so called, without molestation, and even without any expose by themselves of their rare enactments in "monstrous novelty and strange disguise." We have heard, however, it was a strange medley of strange personages and habiliments.

"Oh, a Fancy Ball's a strange affair,
Made up of silks and leathers,

Light heads, light heels, false hearts, false hair,

Pins, paint, and ostrich feathers:

There dullest wight in all the town

One night may shine a droll one :

And rakes, who have not half a crown,
Look royal with a whole one."

1702-George Robinson, butcher, is indicted as a common swearer and drunkard, "for swearing three oaths in the marketplace, and for uttering two very bad curses.

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They afterwards present the same George Robinson for "uttering a grievous oath, on the 13th of 7 mo. and another on the 10th day of the 8th month." In those days all cases of drunkenness and profane swearing were punished.

A riot was committed at Israel Townsend's inn, sign of the Broad Axe, in Chesnut street, [close by Hudson's alley] where they beat the constables with clubs.

1702-The Grand Jury present, to wit: Sons and servants robbing orchards on the First or Lord's day; the ill consequence of many negroes assembling and acting tumultuously on the same day; the loss of sheep by unnecessary quantity of dogs; the evil of having so many hay and reed stacks in the yards of city houses in case of fires; the great annoyance, daily occurring, of butchers killing their meat in the street, [at the market-place probably] and leaving their blood and offals there.

1703-The Grand Jury present Henry Brooks, the Queen's Collector at the Hore-kills, [Lewestown] and three others, for raising a great disturbance and riot in the city at the dead of night. They present all houses and persons individually known to play at cards publicly, and they give the names of all the persons so concerned. They present nine persons at one time, for selling strong drink without license.* Three barbers are presented for trimming people on First-day. John Walker is presented for using Sassafras street as a rope-walk for the last year; and John Jones, Alderman, is presented for making encroachments on Mulberry street, by setting up therein a great reed stack, and making a close fence about the same. These Grand Juries, almost all of them affirm-very few swear.

1704-1st of 7 mo.-The Grand Jury present some of the young gentry, for an assault on James Wood, constable, and James Dough, watch, making a riot at the inn of Enoch Story by night-[in Combes' alley.] The names were William Penn, jun. (Proprietary's son,) John Finny, the sheriff, Thomas Gray, scrivener, and Joseph Ralph. [Quondam infidel, and friend of Benjamin Franklin?] It is stated that young Penn called for pistols to pistol them, &c. Their host, Story, was also of their party.

1705-They present Thomas Docherty, barber, for trimming, about three weeks ago, on the first day of the week.

1715-The Grand Jury find 35 true bills against unlicensed taverns, in one session.

1717-Women are publicly whipt for having an illegitimate child; and poor runaway apprentices and others, who are whipt, are charged six shillings for the unwelcome service.

*All tavern licenses are petitioned for, and granted generally to widow-women-occasionally to decrepit or unfortunate prudent men.

1718-William Wright, merchant, is presented for publicly and maliciously declaring aloud that our Saviour was a bastard.

1721-Nicholas Gaulau, (a foreigner, by his name) "by colour of his art, as a butcher, did, with his breath and wind, blow up the meat of his calf, whereby the meat was made unwholesome to the human body." He was fined thirteen shillings and four pence for introducing this odious practice-still known among some of us. 1729-Charles Calaghan was convicted of intent to ravish a child of 10 years he was whipt round the town at the cart's tail, and received 35 lashes. Another man, at the same time, received 21 lashes for stealing a saddle.

Several executions occasionally occur, as mentioned in the Gazettes. Prouse and Mitchell, who were to be executed together, were reprieved under the gallows.

1730-G. Jones, and one Glasgow, an Indian, stood an hour in the pillory, and were whipt round the town, at the cart's tailboth for assaults, with intent to ravish-the one, a girl of six years of age. Margaret Cash is also whipt for stealing.

I find it remarked, that the number of criminal offences occur from the great emigration of evil persons, who bought their passages by servitude.

1731-At New Castle, Catharine Bevan is ordered to be burned alive, for the murder of her husband; and Peter Murphy, the servant who assisted her, to be hanged. It was designed to strangle her dead by the previous hanging over the fire, and before it could reach her; but the fire "broke out in a stream directly on the rope round her neck, and burnt off instantly, so that she fell alive into the flames, and was seen to struggle therein!" A shocking spectacle for our country!

1733-December-There was the greatest number of felons arraigned for crimes, ever known in Philadelphia, at one Quarter Sessions. Thirteen men and women were convicted of grand larceny, and sentenced to be whipt.

1738-Three negro men were hung for poisoning sundry persons in Jersey. They said they had poisoned Judge William Trent, the founder of Trenton, among that number-but when he died, none were then suspected. A lad of five years of age, who had heard much of their hanging, took it into his head to make some imitations, and actually hung himself to death from the stake of a fence!

A negro man of Robert Hooper's, Esq. of Rocky Hill, in Somerset, New Jersey, was executed by fire, for having killed the child of his overseer, and firing his master's barn.

1743-A black man, brought up to the whipping-post to be whipt, took out his knife and cut his throat before the crowd, so that he died immediately-in Philadelphia.

1750-1-About this time, a great deal of hanging occurs. They hang for house-breaking, horse-stealing, and counterfeiting. It

seems that imported criminals swell the list, and many evil persons come out as redemptioners. This remark is made, to wit: When we see our papers filled so often with accounts of the most audacious robberies, the most cruel murders, and other villanies, perpetrated by convicts from Europe-what will become of our posterity! In what could Britain injure us more, than emptying her jails on us! What must we think of those merchants, who, for the sake of a little paltry gain, will be concerned in importing and disposing of these abominable cargoes!" "It is probable they got premiums abroad for bringing them out here.

1759-I observe that the number of criminal offences and executions appear much diminished for some time-so far as the silence of the Gazettes respecting them may be evidence.

1761-A strange freak seized the minds of some of the young citizens, which was shown "in several women being stabbed in the streets," in the evening, "by some unknown persons." The terror being great, the Governor offered a reward for their apprehension. The evil was probably magnified according to the terror of the relaters. In time, however, it was so far brought to light as that the Wardens got hold of the facts. The venerable Charles Thomson having been one of those city officers, and acquainted with the facts, ventured to tell them after many years had elapsed and the parties concerned were likely to pass unmolested. It was to the following effect, to wit:

The insulting of several women in the streets, by cutting their gowns and petticoats with a razor, rendered it dangerous for them to appear therein without protection, as also breaking of knockers and bells, cutting the spouts, &c. was nightly committed, and caused considerable alarm. The soldiers in the barracks were at first blamed for it, but by an arrangement with their commanding officer it was immediately discovered they were not implicated. The Wardens then silently increased the watch more than one half, and soon came across these blades in their depredations. They proved the sons and relations of some of the most respectable citizens, and whose parents and friends thought them absent from the city, as at New York, Lancaster, Chester county, &c. By day they lay concealed and slept in the tavern at the south west corner of Chesnut and Fourth streets, and from thence sallied forth at night to commit their depredations. Robert M. had a brother among them; Anthony W. a son; Doctor A. a son; Mr. W. a brother, &c. In the morning they were carried before the Mayor, appeared penitent, received a very serious lecture, and their friends gave high bail for their good behaviour and appearance, and made restitution to all persons who had been injured by them. On this discovery the city instantly became safe and orderly as usual, and the thing was suffered to sleep. I believe they were never prosecuted.