The Olden Time Series, Vol. 5: Some Strange and Curious Punishments | Page 6

such a case could have occurred, and in New England, too.
This item is copied from the "Salem Observer." If it is true, it can
hardly be said that the man shortened his days by the use of liquor.
They had, however, good, pure rum in those days.
POLICE COURT. Donald McDonald, a Scotchman reported to be one
hundred and three years of age, was brought before the court yesterday
charged with being a common drunkard, of which he had been
convicted once before. Donald stated that he had been in various battles
of the Revolution, had sailed with Paul Jones, and was at the taking of
Quebec. He was found guilty and sentenced to the House of Correction
for three months.
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Donald M'Donald, the Scotchman, who has numbered upwards of 110
years, was sent to the House of Industry on Saturday of last week, in a
state of intoxication. He had been suffered to go at large but four days
previous, and during two of them was seen about our streets a drunken
brawler.--Boston Patriot, 1829.
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NEW ENGLAND IN 1686.

John Dunton, writing from Boston in 1686 to his friends in England,
quotes some of the Province laws then in force. He says:--
For being drunk they either Whip or impose a Fine of Five shillings;
And yet, notwithstanding this Law, there are several of them so
addicted to it that they begin to doubt whether it be a Sin or no, and
seldom go to Bed without Muddy Brains.
For Cursing and Swearing they bore through the Tongue with a hot
Iron.
For kissing a woman in the Street, though but in way of Civil Salute,
Whipping or a Fine (Their way of Whipping Criminals is by Tying
them to a Gun at the Town House, and when so Ty'd whipping them at
the pleasure of the Magistrate and according to the Nature of the
Offence).
For Adultery they are put to Death, and so for Witchcraft, For that,
there are a great many Witches in this Country &c.
Scolds they gag and set them at their own Doors, for certain hours
together for all comers and goers to gaze at. Were this a Law in
England and well Executed it wou'd in a little Time prove an Effectual
Remedy to cure the Noise that is in many Women's heads.
Stealing is punished with Restoring four-fold if able; if not, they are
sold for some years, and so are poor Debtors. I have not heard of many
Criminals of this sort. But for Lying and Cheating they out-vye Judas
and all the false other cheats in Hell. Nay, they make a Sport of it:
Looking upon Cheating as a commendable Piece of Ingenuity,
commending him that has the most skill to commit a piece of Roguery;
which in their Dialect (like those of our Yea-and-Nay-Friends in
England) they call by the genteel Name of Out-Witting a Man and
won't own it to be cheating.
After mentioning the case of a man in Boston who bought a horse of a
countryman who could not read and gave him a note payable at the
"Day of the Resurrection," etc. Dunton goes on to say: "In short, These

Bostonians enrich themselves by the ruine of Strangers, etc.... But all
these things pass under the Notion of Self-Preservation and Christian
Policy."
It would hardly be fair to quote all this from Dunton's letters unless we
added what he says of Boston in another place; namely, "And though
the Generality are what I have described them, yet is there as sincere a
Pious and truly Religious People among them as is any where in the
Whole World to be found."
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It seems to have been quite common at one time to sell prisoners. At
the Supreme Judicial Court in Salem, in November, 1787, "Elizabeth
Leathe of Lynn, for harbouring thieves and receiving stolen goods, was
convicted and sentenced to be whipped twenty stripes and to be sold for
six months." Also at a session of the same Court, held in Boston in
September, 1791, six persons were convicted of theft and sentenced to
be whipped and pay costs, or to be sold for periods of from six months
to four years. At this same Court one Seth Johnson appears to have
received what seems to us a rather severe sentence, although of course
we do not know all the circumstances of the case. He was convicted of
theft on three indictments and was sentenced to be "whipt 65 stripes
and confined to hard labor for nine years." The Court at Salem, before
referred to, passed on one Catharine Derby a very heavy sentence for
stealing from Captain Hathorne's shop. It was, "To sit upon the gallows
one hour with a rope about