PRINCE EDWARD ISLAND.

giving an awful warning against evil ways to all whom it might concern.

The first capital offense noted is that of a woman tried and condemned to death for robbery in I 778 “after a pathetic speech from the judge to prepare herself for the next world as her life was the only atone- ment she could give by the laws of her coun- try for her fatal fault.” For her there was no “benefit of clergy.” This plea which first could only be pleaded by those in holy orders had been gradually extended to all men who could read, and afterwards in this Island was further extended to all persons, male and female, for a first offense in the case of crimes where the punishment was not expressed to be “without benefit of clergy.”

Jupiter Wise, a black servant of G. Bumey, Esq., who stole two gallons of West India rum worth seven shillings, the property of one Mr. McDonald, appwrs to have been the first to avail himself of the privilege. When he was ordered into the court after conviction and “set” to the bar for sentence the question was put “what have you to say why sentence of death should not be passed upon you?” The prisoner re- plied that he claimed the “benefit of his cler- gy” and his claim was forthwith allowed, with the effect that instead of being hanged he was transported to the West Indies for seven years. The relation between the crime and its punishment must have struck Jupiter as singularly appropriate—seven years’ transportation to the West Indies for steal-

ing seven shillings’ worth of West India rum.

In the same year (1786), the same plea .

was pleaded with like effect by another crim- inal, but, thereafter, for many years, it does not appear on the records of the court. A milder form of punishment for minor fel- onies, for a time, superseded capital punish-

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ment and “benefit of clergy” was no longer so necessary to mitigate the rigors of the law. Instead of the rope the lash came in, but, though liberally applied, the wicked did not all forsake their evil ways, as will pres- ently appear.

The docket for the year 1792 may be taken as illustrative of the period now being dealt with. At this time the population of the Island was about four thousand persons. The officers of the supreme court were: Peter Stewart, chief justice; Joseph Robin- son and James Curtis, puisne judges; Charles Stewart, 'clerk of the court; Joseph Aplin, attorney general; Peter McGowan and Dan- iel Grandin, attorneys.

The matters to be disposed of by the court comprised ten criminal cases, five ap- peals from decisions of magistrates, twenty- one suits for debt or damage including tres- pass and slander, two motions for new trials, and many applications to grant executions and to set aside proceedings for irregularity. Of these charged with crime one confessed, four Were acquitted and five convicted.

One who was found guilty of theft of goods to the value of tenpence escaped with thirty—nine lashes at the “Bellpost.’ Others who had stolen greater things were ordered by the court to be taken “slowly” along the streets of Charlottetown at the tail of a cart or sleigh on three several days at intervals of one week and on each journey to receive sixty lashes on their bare respective backs. The fourth convict, for his larceny, escaped with one hundred and eight lashes in three installments of thirty-six each. These, with one death penalty for a greater felony, made up the results of the criminal trials for a single year.

The civil cases often involved large sums, the largest claim for I792 being three thou- sand five hundred pounds.