A New York IVitchcraft Case. day last, was Twelve Monthes, in the 15th yeare of the Raigne of our Soveraigne Lord, Charles ye Second, by the Grace of God, King of England, Scotland, ffranceand Ireland, Defender of the ffaith, &c, and several dayes and times since that day, by some detestable and wicked Arts, commonly called witchcraft and Sorcery, did (as is suspect ed) maliciously and feloniously, practice and Ex ercise at the said towne of Seatallcott in the East Riding of Yorkshire on Long Island aforesaid, on the Person of George Wood, late of the same place, by wch wicked and detestable Arts, the said George Wood (as is suspected) most dangerously and mortally sickned and languished, And not long after by the aforesaid wicked and detestable Arts, the said George Wood (as is likewise sus pected) dyed."
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shown by the verdict of the jury, which was recorded in the following language: — "Wee having seriously considered the case committed to our charge, against y* Prison" at the Barr, and having well weighed y* Evidence, we finde that there are some Suspitions by the Evi dence, of what the woman is charged with, but nothing considerable of value to take away her life. But in reference to the man wee finde nothing considerable to charge him with."
This finding of the jury was in law nothing more nor less than a verdict of acquittal. The court was bound by the rules and prac tice of the English common law, and could not legally recognize any verdict except of "guilty" or "not guilty." The Scotch A second court accused him of practising verdict of " not proven " never found its way his arts " on the Person of an Infant Child into our colonial criminal jurisprudence. of Ann Rogers, widow of yl aforesaid George Nevertheless the New York Courts of Assize undertook so to construe the jury's report, Wood deceased," and concluded: — and accepted it in the form in which it was "And so ye said Constable and Overseers do rendered; and evidently deeming the jury's Present, That the said George Wood, and the s'1 comments well founded, and the absolute Infant s'1 Child, by the wayes and meanes aforesaid, discharge of the woman while she rested most wickedly, maliciously, and feloniously were under the direful " Suspitions " a proceeding (as is Suspected) murdered by the said Ralph Hall, at the times and places aforesaid, agst ye I dangerous to the common welfare, the court Peace of our Soveraigne Lord yc King and against assumed without any legal justification to require a recognizance for her future good the Laws of this Government in such cases Pro behavior, pending the giving of which the vided." 1 prisoners were detained in prison. The fol The indictment against Mary Hall was in lowing entry in the court minutes states the proceedings subsequent to the verdict: a similar form. The evidence consisted entirely of deposi "The Court thereupon gave this sentence, tions, of which several were read to the jury, That the man should be bound Body and Goods and (according to the record) no witnesses for his wives appearance, at the next Sessions, and gave testimony viva voce. so on from Sessions to Sessions as long as they What facts were proven against the pris stay w"' in this Government, In the meane while, to oners in this clearly illegal manner is not to bee of y" good Behavio' So they were returned be ascertained from the records of the case, into the Sheriff's custody, and upon entering into for no mention is made of the contents of a Recognizance according to the Sentence of the the depositions; but that little importance court, they were released." was attached to the acts so established is In August, 1668, Governor Nicolls re leased them from the recognizance. 1 Doc. Hist. N. Y., vol. iv. p. 85.
