"Moreover, the constable and overseers of the said towne of Maidstone, in the east riding of Yorkshire, upon Long Island aforesaid, do further present for our sovereign lord, that the said Indian named Poniute, 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 towne of Maidstone, in the east riding of Yorkshire upon Long Island aforesaid, on the person of a lad called Charles Garlick, by which wicked and detestable arts the said lad (as is suspected) most dangerously and mortally sickened and languished, and not long after by the same wicked and detestable arts (as is likewise suspected,) died; and so the said constable and overseers do present that said Charles Garlick, by the ways and means aforesaid, most wickedly and maliciously, and feloniously was (as is suspected) murdered by the said Indian, Poniute, at the time and place aforesaid, against the peace and against the laws of this government in such cases provided."

The first witness called was the father of the lad who had died so suddenly, who deposed on oath, that early in the morning, on the day of his death, the youth left his home and accompanied the Indian in search of herbs. He was then in his usual health. That, on his return late in the afternoon, he complained that he had been suffering from violent cramps, but that an herb which the Indian had given him had relieved the pain in a goodly degree, but fearing that his son had been foully dealt with, the father of the lad burned the remains of the herb which had been left to complete the cure according to the Indian's direction. Scarcely had he arrived at his home when the cramps returned, and rapidly increased in violence, whereupon the leech was sum

moned, but, dwelling at a distance, he came too late to be of assistance. The boy was breathing his last.

Goodwife Garlick, the mother of the youth, but confirmed her husband's testimony, and was dismissed, when the physician took the stand, but could add little to the testimony; the lad had died in spasms, and was past all earthly aid before the doctor's arrival.

Thereafter several depositions were read from persons accusing the prisoner of having been seen crossing the lake and entering the wigwam of the medicine-man, presumably to obtain some philter or poison concocted by the medicine-man while practising the unholy rite called the pow-wow.

When the depositions had been read and the testimony concluded, the clerk, calling the name of the prisoner in a loud voice, ordered him to raise his hand, which the prisoner refused to do, remaining immovable and glowering in the faces of the constable and magistrate without making answer.

Aware of the stubborn nature with which he had to deal, the magistrate signed the clerk to proceed with his duty, whereupon the clerk read as follows:

Poniute, thou standest here indicted for that, having not the fear of God before thine eyes, thou didst, upon the twentieth day of August, and at several other occasions before (as is suspected), by some wicked and detestable arts, commonly called witchcraft and sorcery, maliciously and feloniously practise and exercise upon the body of Charles Garlick, by which said arts the said Charles Garlick, (as is suspected) most dangerously and mortally fell sick, and languished unto death. Poniute, what dost

1

Goodwife Garlick, at a later date, was herself arraigned for being suspected of practising witchcraft, and sent to Hartford for trial.

thou say for thyself? Art thou guilty or not guilty?

The white man lies!"

Specks of foam had settled upon the prisoner's writhing lips, his eyes were lurid with smouldering fire, his voice broke forth deep as the rumble of distant thunder.

The violent thumping of the tithing man's wand came as an echo to the defiant answer; the Court gazed across the sea of faces upturned to catch every expression of the prisoner's features.

Through the open door the magistrate perceived a score of scowling visages-copper-hued braves were hovering near, and his heart gave a bound of

terror.

"Thy lack of knowledge of the laws of the country and ignorance of civilised courts must excuse thy insolence, prisoner at the bar," he declared; "I therefore refer thy case to the jury."

The Indian's eyes gleamed with contempt as he turned his head and looked significantly in the direction where the tufted heads of the warriors broke the monotony of the rough hats of the settlers in the background.

"In conclusion I would recommend the prisoner to the mercy of the twelve jurors, good men and true, and I charge you to weigh well the evidence, that no injustice be done our red brother," concluded the magistrate in a sonorous tone that was easily heard beyond the open door.

The jury, twelve hard-headed planters, with stern faces and grave demeanour, retired apart to consult, and scarcely ten minutes were consumed in summing up the evidence and bringing a verdict:

We, having the fear of God before our eyes, and having severally considered the case committed

to our charge against the prisoner at the bar, and having well weighed the evidence, we find there are some suspicions by the evidence, of what the man is charged with, but nothing considerable of value to take away his life. However, we find that he is guilty of consulting with conjurers who perform the worship of the devil. We would recommend him to the mercy of the Court."

Whereupon the Court arose and pronounced

sentence:

"By the laws it is enacted that 'no Indian shall be suffered to pow-wow, or perform worship to the devil, in any town within this government,' and in accordance with the law, and whereas the prisoner has been found guilty of consulting and consorting with a sorcerer, it is the decree of this Court that said prisoner be taken hence to the public whippingpost, there to receive two dozen stripes, after which punishment he shall be released and hath liberty to remain in the towne where he now resides, or anywhere else within the government during his pleasure."

CHAPTER XXIV

THE MAJESTY OF THE LAW

"Is not the winding up of witnesses,

And nicking, more than half the business?
For witnesses, like watches, go

Just as they're set, too fast, or slow;

And where in conscience they're straight-lac'd,
'Tis ten to one that side is cast."

ONIUTE, manacled as he was, was taken away, his chains clanking dismally as he followed the constable, a stout guard walking on his right and left, while gruff laughter and gibing scoffs were indulged in by the more reckless among the crowd, as the rabble rushed to the square where the whipping-post stood, in proximity with two other instruments of torture that were considered, by the most humane, part and parcel of a settlement in the early colonial days, the pillory and the stocks.2

'The pillory was an instrument of punishment in early colonial days. A heavy plank was tilted to an angle and raised or lowered by means of thick pins fitted in two supporting posts. In apertures fitted to the size of his neck and wrists the culprit was fastened in a manner that allowed his chin and hands to rest upon the upper side of the plank, which was graded to a height allowing his toes only to rest upon the ground. Did his muscles relax for an instant from the fearful strain, he was suspended and compelled by strangulation to sustain his weight upon his toes.

Stocks.-A kind of frame or fence constructed of planks, two in number, nailed to posts. Through apertures in the lower plank his ankles were secured, and the wrists similarly secured in an upper plank. The culprit being seated upon the ground, with feet and arms raised at an angle of forty-five degrees, was forced to maintain a most painful attitude for hours.