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1 Capital Trials in Maine before the Separation, Read before the Maine Historical Society, May 25, 1883 1883

handle is hein.trials/acwk0001 and id is 1 raw text is: CAPITAL TRIALS IN MAINE. CAPITAL TRIALS IN MAINE BEFORE THE SEPARATION. Bead before the Maine Historical Society, May 25, 1883. BY JOSEPH WILLIAMSON. THE feudal charter granted by King Charles i. to Sir Ferdi- nando Gorges in 1639 gave him as lord palatine almost absolute power. Under it a recorder's court for the city of Gorgana was established, having jurisdiction over all criminal offenses, and from whose judgments no appeal could be taken. It is pre- sumed that a trial by jury was allowed; but whether as a matter of right is uncertain, as but few particulars exist as to the modes of procedure. The first capital case before this novel tribunal was that of a woman charged with murdering her husband in 1644. A quaint account of the affair is thus given by Governor Winthrop of Massachusetts: - One Cornish, dwelling for some time in Weymouth, removed to Acomenticus for more outward accommodation, and last month was taken up in the river, his head bruised, and a pole sticking in his side, and his canoe laden with clay found sunk. His wife coming to her husband, he bled abundantly. The woman was arraigned before the mayor, Mr. Roger Garde, and others of the Province of Maine, and strong presumptions came in against her, whereupon she was condemr~d and executed. She persisted in the denial of the murder to the death. From this brief report it would seem that conviction was established more by superstition than by legal evidence. Although the ancient trial by ordeal never existed in America, it was imagined, down to a much later period than the time of Gorges, that touching the body of one killed would prove the guilt or in- nocence of the accused. Such miraculous interposition is sanc- tioned by King James I. of England, in his Demonology, written in 1597, as follows: 'In a secret murther, if the dead body be at any time thereafter handled by the murtherer, it will

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