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afterwards Alex benefit of Clergy British burglary burned Canada capital punishment Cardinal cart's tail cells Chaplain Charles Hindelang Colborne committed condemned convicts Court House Court Martial crime criminal David McLane death DeLorimier demned discharged Duquette England entering and stealing erected female prison French Canadians Griffintown guilty hand hanged—afterwards bailed hanged—afterwards executed hanged—afterwards transported Henry Hindelang Hochelaga Hon'ble horse stealing hour House of Correction imprisonment Jacques Jalbert James January Jean John Joseph Judge jury Justices King's Bench letter Louis March term ment military prison Mondelet months Montreal gaol Moses Hazen murder names Napierville Narbonne o'clock oakum offence pardoned person Pierre pillory present Protestant Provincial penitentiary punishment Quebec Rebellion received five records Regiment respited robbery Roman Catholic scaffold sent sentence September term Sessions shot-drill soldiers stealing—to be hanged stolen stripes Susan Kennedy Thos trial troops warder Weir Yeoman
Page 35 - ... be taken to the place from whence you came, and from thence...
Page 131 - Goal in point of security occasions a Guard of Soldiers to be kept in the lower part of it, and even with that precaution, many atrocious offenders have escaped, insomuch that the Sheriff of the District has refused to confine Debtors, unless the Prosecutor agreed to take upon himself the Risk of an Escape.
Page 20 - By His Excellency Sir Charles Hardy, Knight, Captain General and Governor in Chief in and over the Province of New York and the Territories depending thereon in America and ViceAdmiral of the same. In pursuance of an act passed on the Fourth day of May Instant entitled " An Act for the more speedy and effectual raising the Forces to be furnished by this Colony on the Expedition against Crown Point
Page 35 - Tower, from whence you came ; from thence you must be drawn to the place of execution ; when you come there, you must be hanged by the neck ; but not till you are dead ; for you must be cut down alive ; then your bowels must be taken out, and burnt before your faces ; then your heads must be severed from your bodies, and your bodies must be divided each into four quarters; and these must be at the king's disposal.
Page 16 - ... which enacted that persons "not within Holy Orders," accused of these offenses, and convicted thereof, were in cases of murder to be marked with the letter "M" on the brawn of the left thumb, and in all others with the letter "T," to denote, it is presumed, that the person had been guilty of theft.
Page 92 - I have come to the conclusion that the prisoners cannot be extradited, because I hold that what they have done does not constitute one of the offences mentioned in the Ashburton treaty, and because I have consequently no jurisdiction over them. I am of opinion, therefore, that the prisoners are entitled to their discharge.
Page 16 - M" on the brawn of the left thumb, and in all others with the letter " T," to denote, it is presumed, that the person had been guilty of theft. In cases of high treason, benefit of clergy was never allowed to be pleaded. It is stated that, when an accused person claimed his clergy, it was usual to test his learning by requesting him to read the first verse of the fifty-first Psalm, which in Latin begins with the words, Miserere met Deus.
Page 16 - ... instead of being tried in the ordinary way before the lay judges of the land. In ancient times few persons except those in Holy Orders could read, and accordingly the test for an accused person claiming benefit of Clergy was his ability to read. If he could not, the courts would not part with the defendant, but proceed to try him as if he were a layman. Afterward, when education became more general, other persons besides Clergymen were able to read; and so, in the reign...
Page 18 - torture ordinary and extraordinary," then to be broken alive on a scaffold erected in the market place (the present Custom House Square) in this city. This awful sentence was carried out to the letter, his body buried in Guy...