A. E. Verrill — The Bermuda Islands. 8*75 



However, it is evident that no very just trials could have been 

 expected, even under the subsequent English system, for the jurors 

 and witnesses were usually very ignorant and superstitious, and easily 

 influenced by the opinion of the governor and other officials. More- 

 over, no counsel was employed for the defence, and rarely, if ever, 

 was a witness called for the defendant, though the accused party 

 could make a statement in defence or deny charges, but such denials 

 carried very little weight. 



AVitnesses for the prosecution were not cross-questioned and the 

 most absurd and frivolous stories, gossip, and hearsay scandals w r ere 

 allowed full weight, even in capital cases, especially in the witchcraft 

 trials. It is sufficiently evident from the records that the witnesses 

 were often actuated by malice or revenge, — indeed in some cases this 

 was afterwards confessed. In some cases testimon}' of convicted 

 criminals seems to have been allowed as much weight as that of 

 honest persons. A person accused of a crime, before a " grand jury," 

 was almost always assumed to be guilty, and was convicted, unless 

 he could prove his innocence, — a thing often absolutely impossible, 

 as, for instance, in the witchcraft cases, when the presence of a wart 

 or mole on the body was considered absolute proof of the crime. 



The earliest governors Avere about as jealous of their dignity as is 

 the present Emperor of Germany. 



The earliest trial and execution under Gov. Tucker was that of a 

 Frenchman, John Wood, in 1016, for using disrespectful language 

 to the Governor, while drunk. 



Governor Butler's account of this trial is as follows : 



" Presently after this pinnace's departure, began the assize at St. George's, 

 wher (fewe matters of note being handled besides) ther was arraigned and con- 

 demned by a jury of twelve men (but in a disorderly form, mixt betwixt mar- 

 tiall lawe and the lawes of England) which defaced them both, one John Wood, 

 a poore but desperate and open-mouthed Frenchman, who, in his cupps, have- 

 ing saucely and arrogantly spoken to the Governor, was hereupon attached ; 

 and being endicted of mutiny and rebellion, upon his triall was cast ; and so 

 being sentenced by one deputed to that purpose (for the Governor himselfe, 

 fmdinge his insufficiencies that way, never satt judge in his owne person) was 

 publicly hanged within two dayes after, choyce being made of the person of 

 that poore man to lett the rest knowe that both his authoritie extended to life, 

 and that they should all of them take heed how they provoked him hereafter ; 

 and indeed from that time forward it was observed that he overfast declined to 

 such a height of severitie towards all men as wanted but very little of crueltye 

 and tyranny ; so that he hath bin seene, in one morneinge before breakefast to 

 cudgell with his owne hands not fewer than fortie of his poore workmen, even 

 for very smale and slight neglects." 



