The Trial and Execution, for Petit Treason, of Mark and Phillis, Slaves of Capt. John Codman

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Goodell Abner Cheney. The Trial and Execution, for Petit Treason, of Mark and Phillis, Slaves of Capt. John Codman

THE TRIAL AND EXECUTION. OF. MARK AND PHILLIS, In 1755

[Coroner’s Inquest.]

[Examination of Quaco.]

[Mittimus against Robin.]

[Examination of Phillis.]

[Examination of Mark.]

[Bill of Indictment.]

[Record of the Case.]

[Writ of execution, or death-warrant.]

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It is not surprising that the execution of a woman, by burning, so lately as when Shirley was governor, – a period when the province had greatly advanced in culture and refinement, – should seem to any one incredible. Indeed, even so critical and thorough a student of our provincial history as our late distinguished associate, Dr. Palfrey, once wrote to me inquiring if the rumor of such a proceeding had any foundation in fact, and if so, whether the execution took place according to law, or by the impulse of an infuriated mob. It gave me great satisfaction to be able to settle his doubts on this subject by referring him to the records of the Superior Court of Judicature, where the judgment, from which I shall presently read to you, and a copy of which I sent to him, appears at length.

The subject is important at this day only as serving to define the nature of the "cruel and unusual punishments" prohibited by the thirty-first article of the Declaration of Rights, in our state Constitution, since this mode of punishment, having continued after the adoption of the Constitution, cannot have been considered by the framers of that instrument either as "cruel" or "unusual" in the sense in which they used these words.

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Answr. I came into the Kitchen and saw her do it.

Quest. Did your master drink the Infusion after that water was so pour'd in?

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