AS THE LAW WAS THEN.

New Zealand Graphic, Volume XV, Issue XXIV, 14 December 1895, Page 758

AS THE LAW WAS THEN.

Among the trial justices in the early part of the last century was Richard Bushnell, a man described by the Hartford Times as having been townsman, constable, schoolmaster, poet, deacon, sergeant, lieutenant, captain, town agent, town deputy and court clerk. His court records are interesting for their quaint simplicity and frankness, as well as for the light they throw upon the sentiments and customs of the day, and the tenderness of the public conscience. Here are some extracts : ‘3rd of June, 1708. Joseph Bushnell of Norwich complained against himself to me, Richard Bushnell, Justice of the Peace, for yt he had killed a Buck contrary to law. I sentenced him to pay a fine of 10 shillings, one half to ye county treasury and one half to complainant.’ ‘July 20, 1720. Samuel Sabin appeareth before me, R. B. Justice of the Peace, and complaineth against himself that the last Sabbath at night, he and John Olmsbywent on to Wawecoas Hill, to visit their relations, and were late home, did no harm, and fears it may be a transgression of ye law and if it be he is very sorry for it and don’t allow himself in unseasonable nightwalking.’ ‘ An inferior court held at Norwich ye 19 Sept. 1720. Present R. Bushnell Justice of ye Peace. Samuel Fox, juror pr. complaint, Lettis Minor and Hannah Minor plaintiffs, for illegally and feloniously about ye 6 of Sept’r. inst. taking about 30 water-millions which is contrary to Law and is to his damage he saith ye sum of 20 shillings and prays for justice. This Court having considered ye evidence don’t find matter of fact proved, do therefore acquit the defendants and order ye plaintiff pay the charge of Presentment.’ On one occasion an Indian, having been found drunk, was sentenced by the justices, according to the statue, to pay a fine of ten shillings, or receive ten lashes on his naked body. The Indian immediately accused Samuel Biss of selling him two pots of cider. Now the fine for the latter offence was twenty shillings, one half to go to the complainant. The Indian thus obtained the exact sum necessary to pay his fine. Other justices were not less severe and impartial. Among the records of Justice Isaac Huntington we find the following : * 1738, July 12th, John Downer and Solomon Hatnble-

ton for profaning the Sabbath day, by oystering, fined five shillings and costs.’ * 2nd day of November, 1738, Mary Leffiingwell, on ye 24th day of September last, it being theSaboth or Lord’s day (and not being necessarily detained) did not duly attend ye public worship shall pay as fine to ye treasury of ye town of Norwich the sum of five shillings and cost of suit. ’ A Canterbury citizen, Paul Davenport, appeared before Justice Huntington, and accused himself of having ridden home from Providence on the Sabbath day. He was fined twenty shillings. Two young men and two young maids, presuming to * meet and convene together and walk in the streets in company, upon no religious occasion,’ were fined three shillings each.