Page images
PDF
EPUB

and graces had been frequently seen, and applying the instrument to his lips, "it discoursed most eloquent music." Whether a sympathetic feeling had kept the lady awake, or the sweet breathings had disturbed her slumber, we know not; but she arose, and with a flowing mantle, white as her own purity, appeared at the window just as the minstrel was playing, "Sleep on, sleep on, my Kathleen dear;" and while thus " governing the ventiges with his finger, and giving it breath with his mouth," a surly watchman, with a black cap and a big stick, as hostile to Apollo and the Muses as ever Hannibal was to Rome, or Bonaparte to the "fast anchored isle," seized the musician by the cravat, and in sight of the lady and the moon, carried him off, clarionet and all. Such an assault, in a musical way, has been unknown' since Dussek threw the music stool at the head of the big drum, for striking a note too soon when playing his concerto before the king of Prussia, old Fritz, as our Knickerbocker used to call him.,

Now, we do most seriously protest against this rude assumption of power on the part of watchmen, as being contrary to customs pursued in every part of the globe, civilized or uncivilized, and hostile to personal rights.

The Spaniard glides like a ghost through the dark streets of Seville and Madrid, and, taking his guitar from under his cloak, strikes the chords and sings a ditty in praise of his mistress, and under her window; and yet no alguazil disturbs him. The turbanned Turk, with his mandolin, paces the narrow streets of Aleppo, and sings his plaintive ditty unmolested. The streets of Paris and Vienna swarm with nightly minstrels, and no guard arrests them. Why, then, in a free country, should a freeman be disturbed when committing no offence; making no riot?

We hope these very useful and patriotic guardians of our slumbers will have the taste and the politeness becoming a decent and quiet metropolis, and permit a harmless musician to display his abilities without molestation hereafter.

CURIOUS DOCUMENT.
[From the same.]

THE following is a correct copy of a bill of indictment, preferred in this city, against Ralph Hall, and Mary, his wife, for witchcraft, one hundred and fifty-six years ago. Later bills of this character may be found in Connecticut, but this, we believe, was among the last in this state. It is curious to read this remnant of barbarous ages; and, while we do so, let us not forget the lights of learning and civilization, which have introduced a better order of things.

At a court of Assizes, held in New-York, the 2d day of Oct. 1655, &c. the tryel of Ralph Hall and Mary his wife, upon suspicion of witchcraft. The names of the persons who served upon the Grand Jury, are Thomas Baker, foreman of the Jury, of Easthampton; Capt. John Symonds, of Hempstead; Mr. Helcett, of Jamaica; Anthony Waters; Thomas Wandell, of Marsh Path Hill; Mr. Nichols of Stanford; Belthazar D'Haart, John Garland, Jacob Luster, Anthonio De Mill, Alex. Munro, Thomas Searle, of New-York.

The prisoner being brought to the barr by Allard Anthony, Shff. of N. Y. this following indictment was read, first agst. Ralph Hall, and then agst. Mary his wife, viz:

The constable and overseers of the towne of Setalcott, in the east riding of Yorkshire, upon Long Island, do present, for our soveraigne Lord the King, that Ralph Hall, of Setalcott, aforesaid, upon the 25th day of Dec. being Christmas day last was twelve months, in the 15th year of the raigne of our soveraigne Lord Chas. the 2d, by the grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith, &c. and several other days and times since that day, by some detestable and wicked arts, commonly called witchcraft and sorcery, did (as is suspected) maliciously and feloniously practise and exercise, at the said town of Setalcott, in the east riding of Yorkshire, on Long Island aforesaid, on the person of George Wood, late of the same place, by which wicked and detestable arts the said Geo. Wood (as is suspected) most dangerously and mortally sickened and languished, and not long after, by the aforesaid wicked and detestable arts, the said George Wood (as is like-wise suspected) died.

Moreover the constable and overseers of the said town do further present, for our soveraigne Lord the King, that some while after the death of the said Geo. Wood, the said Ralph Hall did, as is suspected, divers times by the like wicked and detestable arts, commonly called witchcraft and sorcery, maliciously and feloniously practise and exercise at the said town of

Setalcott, on the person of an infant child of Ann Rogers, widow of the aforesaid George Wood, deceased, by which wicked and detestable arts, the said infant child, as is suspected, most dangerously and mortally sickened and languished, and not long after, by the said wicked and detestable arts (as is suspected) died: And so the said constable and overseers do present, that 'the said George Wood, and the said infant childe, by the ways and means aforesaid, most wickedly, and maliciously, and feloniously were (as is suspected) murdered by the sand Ralph Hall, at the times and places aforesaid, and against the laws of this govt. in such cases provided.-The like indictment was read against Mary, the wife of Ralph Hall: Thereupon several depositions accusing the prisoners of the fact for which they were indicted were read, but no witness appeared to give testimony in court vive voce; then the Clk. calling up Ralph Hall, bade him hold up his hand, and read as follows: " Ralph Hall, thou standest here indicted for, that having not the fear of God before thine eyes, thou didst, upon the 25th day of Dec. being Christmas last was 12 months, and at several other times since, (as is suspected) by some wicked and detestable arts, commonly called witchcraft and sorcery, maliciously and feloniously practise and exercise upon the bodies of George Wood, and an infant child of Ann Rogers, by which said arts the said George Wood and the infant child (as is suspected) most dangerously and mortally fell sick and languished unto death. Ralph Hall! what dost thou say for thyself-art thou guilty or not guilty? Mary, the wife of Ralph Hall, was called in the like manner. They both pleaded not guilty, and threw themselves to be tried by God and the country. Whereupon the cause was referred to the Jury, who brought into Court this following verdict, viz.: -We having severally considered the case committed to our charge against the prisoners at the bar, and having well weighed the evidence, we find that there are some suspicions by the evidence of what the woman is charged with, but nothing considerable of value to take away her life! but in reference to the man, we find nothing considerable to charge him with. The Court thereupon gave this sentence-" That the man should be bound, body and goods, for his wife's appearance at the next -sessions, and so on from sessions to sessions, as long as they stay within this gort. In the mean time to be of good behaviour. So they were returned to the Shff's. custody, and upon entering in to a recognizance, according to the sentence of the Court, they were released.

They were released from the indictment and suretyship for good behaviour, and wholly discharged therefrom on the 21st day of August, 1668'

LAW INTELLIGENCE.

[From the same.]

CRIM. CON.

COURT OF COMMON PLEAS. CITY AND COUNTY OF NEW-YORK. John Ferguson vs. Thomas Thompson.

This

ONE of the first benefits arising from a permission to grant the freedom of elective franchise to people of colour, is a dash at the higher walks in life, and attempts to imitate their more fashionable neighbours. was an action brought by Ferguson, a black gentleman of respectability, to recover damages against Thompson, a very decent coloured man and a stage driver, for seducing plaintiff's wife and destroying his comfort and peace of mind.

It is true that, in this case, there were no proofs of settlements-pin money--splendid equipage--elopements-duels, and doctors' commons, and all those regular gradations, which accompany an established case of English crim. con. ; yet the plaintiff was an honest black citizen, a little "declining in the vale of years," as Othello says, who had married a young and handsome mulatto, but who, it appears, was not in court.

Thompson, the defendant, was also an old beau, and had an excellent character, and was, withal, a man of property. It appeared by the testimony that Thompson brought sundry packages to plaintiff's wife, and by these little gratuitous attentions won her affections and carried her off; and it also appeared in evidence that, in the midst of these miscellaneous proceedings, a child was born, which neither party owned. Witnesses were examined to prove that Ferguson had ill-treated his wife, and frequently turned her out of doors; and the court charged the jury that exemplary damages should be awarded where the peace of mind and happiness of the husband had been injured; but if it appeared that he had used his wife ill without cause, and had turned her out of doors, he, himself, created a barrier to any compensation.

The jury retired for some time, and brought in a verdict of two hundred and fifty two dollars and the costs.

A number of black ladies and gentlemen attended this interesting trial; they were neatly and fashionably dressed; and the ladies blushed a little when examined on the delicate investigation.

=

BIGAMY.

YESTERDAY, James Ewing was tried for Bigamy, he‍ having, in September, 1819, married Mary Martin, in Bloomfield, New-Jersey, and, in January last, also married Phebe Ann Dayton, at Lansinburg. The testimony, as to both marriages, was conclusive. Phenix and Price, for the defendant, contended that the indictment could not be sustained, because it set forth that the defendant was married in New-York to Mary Martin, whereas it was proved that he was married in NewJersey. The like objection was made to the second marriage, which took place in Lansinburg, and was set, forth in the indictment to have been in New-York. The court, after hearing arguments on the question, decided, that the only point for the jury to ascertain was, whether the defendant married Mary Martin; and whether he had also married Phebe Ann Dayton, his first wife being alive: that it was of no importance where the venu was laid, the facts of the two marriages being only required. The jury, without leaving the box, found him guilty.

Mary Martin, a very pretty modest looking woman, had a conspicuous seat in front of the jury; but Phebe Ann, the Roxana of the piece, was not visible. Ewing, the prisoner, a good looking fellow, exhibited no contrition for his abominable wickedness in taking unto himself a plurality of wives in these moral times; but, though imminently in danger of losing both of them, and his liberty into the bargain, he maintained a composure and serenity of mind very remarkable, considering that he was not a Mussulman. He will have to sing a stave of the old ballad

[blocks in formation]
« PreviousContinue »