BLOOD WILL OUT, OR, AN Example of Justice IN THE Tryal, Condemnation, Confession AND EXECUTION OF Thomas Lutherland, Who Barbarously Murthered the Body of John Clark of Philadelphia, And was Executed at Salem in VVest-Jarsey the 23d of February, 1691/2.
Philadelphia, Printed and Sold by Will. Bradford, 1692.
The Tryal, Condemnation, Confession and Execution of Thomas Lutherland, who barbarously Murthered the Body of John Clark of Philadelphia.
SInce there can be nothing more seasonable than a right Information and understanding of Publick Acts, and lest this so publick Tryal should be misrepresented, it was thought necessary, for the satisfaction of Rational men, to make it more publick.
At Salem Town, in the County of Salem, and Province of West-Jarsey, the 16 and 17 dayes of February, 1691/2 before
- John Worlidge, President,
- George Deacon,
- Roger Carrary,
The Persons that were summonsed for Jurors, appearing, were impannelled.
Clark, Call over the Jury. Which was done, and Silence commanded. The Jury took their Averment.
The Indictment Read.
THomas Lutherland, Thou standest here Indicted by the Name of Thomas Lutherland, late of Pennsilvania, [Page 4] and now of the Town and County of Salem, in the Province of West-Jarsey, Carpenter, for that thou didst on or about the 12th day of November last past, in the Night time, contrary to the Peace, Crown and Dignity of our Soveraign Lord and Lady, William ▪ and Mary ▪ King and Queen of England, &c. Not having the Fear of God before thine Eyes, Wickedly, Maliciously and Felloniously enter the Boat of John Clark, late of Philadelphia, in the Province of Pennsilvania, Merchant, then Riding near Salem Landing, and didst then and there break open, and Felloniously take and carry away the Goods of the said John Clark, to the full Value of Fifteen Pound Eight Shillings and Eleaven Pence. And further, thou didst then and there, with Force and Arms, VVillfully, Maliciously and Barbarously, for lucre of the said Goods, inhumanely Murder and Destroy the said John Clark; for both which said Facts thou art required to plead, Guilty, or Not Guilty.
What sayest thou, Thomas Lutherland, art thou Guilty, as thou standest Indicted, in manner & form aforesaid, or not Guilty?
Not guilty of the Murther, but guilty of the Fellony.
By whom wilt thou by tryed?
By God and the Country.
The Prisoner was asked, If he would make any Exceptions against any of the Jury? He excepted against four, who were set by, and four others set in their places.
Read the Information you have taken.
In the beginning of November last, John Clark late of the City of Philadelphia, was Trading at Salem with [Page 5] several sorts of Goods, according to his usual manner; and upon the 12 day of the said Month, his Boat was found on Shore at Sandy Point, near the Mouth of Salem Creek; John Clark was not in the Boat; the Boat, and Goods that were in her, were secured, and information given to the Justices and Sheriff concerning them, who went where the Boat then lay, and viewing the Goods, there were serveral Persons present, that were with John Clark the day before in his Boat, and they affirmed, That they did see several Parcels of Goods th [...]n in the Boat, which Goods were considerable, and were now missing: Whereupon the Justices supposed that the Boat was Robbed and John Clark Murthered for the love of his Goods: And having just cause to suspect the Prisoner at the Bar, he being a Person convicted in England, at Sea, and at Philadelphia, and being of evil Name and Fame in Salem, there was a Warrant issued forth for the searching all suspicious places; by virtue whereof, the Constable, with his Assistance, went to the House of the Prisoner, where they found of the said John Clark's Goods to the value of 15 l. 18 s. 11 d. the Prisoner not being then in the house, but within a [...]ort time was taken coming home, and then was brought with the said Goods before two Justices of the Peace, who examined him▪ How he came to those Goods? He answered,
I bought the Goods of John Clark the same Night he went away from Salem Landing, and they cost me 8 l. 5 s. I paid him all but 35 s. that I owe him still, and he gave me Credit for so much in his Book.
We have examined his Book, and do not find you have Credit there.
I am sure he entered it in his Book.
What Specie did you pay John Clark with?
I paid him 36 s. in Wampum, one piece of [...] two half Pieces, nine single and two double Bits, and two or three old Casks.
All this that you say, you have paid, amounts not to 5 l. surely you are mistaken in your account.
I am sure it is as I say, that I bought the Goods of John Clark, or I wish the Earth may open and swallow me alive
The Evening of the same Day the Prisoner was examin'd by the Justices the second time, and who answered▪ viz.
In the Morning before day I was at Salem Landing to buy some Tape, when I came there Clarks Boat was gone, then I [...] up [...]n the Bank to Windham, thinking to overtake the Boat there, and did see the Boat at Sandy-point, then I took a [...] anow from Windham Landing, and went to the Boat, where I found no Body, then I went into the Boat, took the Goods, and brought them on Shore, and came to my own House; By that time the Sun was half an hour high in the Morning.
Call Mary Lutherland.
—She appeared.
Where was your Husband that Night, and at what time went he from home?
My Husband went from home in the Evening, and came not home until almost Morning; then he came to Bed, and lay until the usual time that he used to go to work.
Thomas Lutherland, where were you from the Evening till near Morning?
To which he could give no account.
Whereupon he was committed to Prison, from whence [...] his escape, but by the diligence of the Sheriff was soon taken
[...]. Upon the 11 day of January, 1691, 2, the Body of John Clark was found near Windham Landing. [Page 7] The Coroner Impannelled an Inquest, who upon viewing the Corps, and diligently searching the same, they found his Neck was very limber, & much shrivelled upon the skin, and seemed more blew than other parts of his body. They sent for the Prisoner; when he was brought, he was bid to touch the Corps, the which he did do, and wished most execrable Wishes, That God would send some suddain Judgment upon him, if ever he murthered John Clark; saying, if he had murthered him, he would bleed afresh; saying, Poor innocent man! why should I destroy him?
The Corooners Inquest, seventeen in Number, withdrew to consider of their Verdict.
They sent for the Prisoner, asked him to tell them, how he came to the fore-mentioned Goods? He said, he had been with John Clark in the Evening, and bought some Threed Buttons of him for some old Cask, and when he came home, his Wife told him, she wanted some blew Tape, and some Mettle Buttons for the Children; whereupon he went to the Town Landing, and finding the Boat gone, he went to Windhame, and from thence he saw the Boat near near Salem Creeks Mouth, then there was three Canows at Windham Landing, and he took one of them, which was a knotty Canow, and went to the Boat, finding no body in it, he took the Goods, and put them into the Canow, brought them to Windham Landing about half an hour before Sun rising; he hid the English Goods in Windham Marsh, and carried a parcel of Cheese home that Morning, and fetcht the other Goods home about two or three dayes after.
Several Persons that were of the said Inquest, were at Windham the same Morning (about Sun rising,) that the Prisoner said he landed the Goods there, and they do affirm, [Page 8] That there were three Canows there, but no such [...] as the Prisoner described, neither could any of [...] Canows that lay there be brought so near the Landing, [...] they lay, at the time the Prisoner mentioned; for [...] Sun rising, the Water was fallen several Yards from them.
All which Self-Contradictions in his several Examinations, and divers Circumstances being duely considered, the Inquest brought in their Verdict, viz.
That John Clark came to his Death by Violence of Strangling, and that Thomas Lutherland is guilty of the Murther.
King's Attorney
May it please the Court, The Prisoner at the Bar is now to be tryed, and that by the good old Laws of England, the beginning of which Tryal is his Presentment, which is already found by the grand Inquest. He is now to come to his Tryal by Twelve men of his Peers, and of the Neighbourhood legally constituted, who, I trust, will do Justice indifferently; and Magna Charta, The Petition of Right, and many Statutes do confirm this way of Tryal; and I hope the Court, and all that hear▪ and see their Proceedings, will receive full satisfaction in the Legality and Fairness of their Proceedings against him, and himself the benefit of Justice and Law.
Let none say, The Prisoner is not tryed and judged according to the Fundamental Laws of England: The Judgment is given in by twelve men of the Neighbourhood (vid. Cooks com. upon Littleton) the Justices are but to inform the Jury in matters of Law, and to pronounce the Sentence and Judgment written against the Prisoner, and order the same Judgment to be put in Execution.
Where there is a Superiour Power. inferiour Magistrates [Page 9] have their Power limitted; but among Equals in Authority (as it is in this Province of West-Jarsey) there is no Superiority, therefore those Magistrates that are in Power here, ought to defend the Weak, punish the Wicked, and be just to all, acting as there is need, and as the Times, Persons and Accidents do require, and according to the Exigency, Distress and Necessity of the case. In vain are good Laws made, if there be none to put them in Execution.
May it please this Court, and you Gentlemen of the Jury, You are here for the Trying and Judging of Thomas Lutherland, Prisoner at the Bar, for his notorious Murthering of John Clark, late one of the King and Queen of England's Subjects, and for the Fellonious taking and carrying away his Goods: He hath been a notorious fellon in England, at Sea, in Philadelphia, and in this County of Salem, stands now before you to receive the good of Justice.
The King and Queen of England have lost a Subject, who was in Health at the common Landing place in Salem Town after Sun set the 11th day of November, 1691. and on the next Morning the said John Clark was not to be found, but his Boat robbed, and divers parcels of goods felloniously taken & carried away by the Prisoner, as himself has confessed. That John Clark was murthered by the Prisoner at the Bar, seventeen Reputable Persons, on the Coroners Inquest, has given it in their Verdict, and this Fellony has relation to the Murther, for the Murther was committed for love to the Goods. If it be found that A. B. was murthered in the Night, and the Goods that he had with him at the time of his Death, shall be found in the possession of C. D. the next Morning before [Page 10] Sun rising, it does naturally and necessarily imply, That C. D. murthered A. B. for the love of his Goods: Had the Prisoner taken the Goods, and spared the mans Life, the man would have discovered him, for he knew him; therefore, because otherwise, take the Goods without being discovered, he took away the mans Life also.
The Prisoner himself has disproved himself in his several Examinations: All Circumstances concurs with the Grand Inquests Judgment, That the Prisoner at the Bar is guilty both of the Murther and Fellony charged upon him. First, he said, he brought the Cheese home in the Evening, and left the English Goods in George Hazlwoods Shallop till the next Morning. Another time he sayes, he brought the Cheese home from Windham Landing, and hid the English Goods there in the Marsh for two or three dayes.
All his Serpentine Turnings, and Windings, and Self-contradictions are but like Irish Quag-Mires that have no sollid Ground, or Reason: He is incorporated into Evil by a long habit, in such sort, that his Understanding it self approveth it, and consenteth thereunto; His heart is so hardened, that Wickedness is therein rooted and framed, and as it were naturalized, end his Soul infected and wholly tainted therewith. All his Evasions whereby he endeavours to avoid the Punishment, are but the tying an Artificial Knot in the Halter, whereby to strangle his Conscience.
The Truth or Falseness, respectively, lies in the strength or weakness of the Arguments that are brought in defence of them▪ There is not any of the Prisoners Confessions that he hath made at several times, but one is repugnant to the other▪ all his study cannot make his [Page 11] words speak Reason, but doubtful and ambiguous words, with particular Reserves, argues a base Mind.
It is usual and necessarily lawful to judge of Causes by the Effects, that naturally and necessarily flow from them: The Man is found Murthered, and his Goods some found in the Prisoners house, some hid in the Hay, and some hid among Corn out of the House Evil Actions shew an evil Intent, and both put together declares Guilt.
Concerning my self, I bear no Malice to the mans Person, than I do to my dearest Friend; but I hate that cursed Principle of Cruelty and Fellony, which hath so long harboured in him.
And now, as the Truth is, I must conclude him guilty of the Murther and Fellony charged upon him; and that he who hath made himself a President in these parts of the World, in committing such Wickedness, I humbly desire, that this Court, for Justice sake, would make him an Example for others, for time to come, that men may hear and fear, and do no more so wickedly; That he, who would not be a Pattern to other Trades-men to live honestly in this Life, may be a President of Justice by his Death.
When the Prisoner was first apprehended, the Justice commanded the Constable to search his Pookets, from whence the Constable took a small parcel of Papers tyed together, and the Prisoner said, they were his own Papers; but when they were opened, the first Paper viewed, was a Bill from John Gillman to pay John Clark thirty Shillings; Then a large Paper was taken out of his Pocket, and he said, That was his Deed for a Town Lot he had lately purchased; but being viewed, it appeared to [Page 12] be a Deed for Land that John Clark had purchased: Being asked, how he got those Writings? he said, He found [...]. I am fully satisfied, the Prisoner [...] to dye: And it is a special use of Justice to condemn one that is accustomed to Wickedness, and suffers [...] strength in him, and he grows obstinate [...] it, that such an one may serve for an Example unto others. If this Wickedness should escape with Impunity, [...] be hazardous f [...]r a single Person to travel by Land, or by Water, especially in the Night; which, for better Security, I hope this Court, which is a Habitation of Justice, and Principles of Freedom, will do speedy Justice, that this Prisoner, who has been so often convicted as a Malefactor, may be removed out of the way, that the People may enjoy Liberty and Freedom from such an inhumane Devourer as the Prisoner is: For you can no more convert him, than you can new create him; but our comfort is, that his Wickedness will end with himself, and that we shall have cause to thank God, that we have Magistrates in Authority, that are not afraid to do Justice.
Thomas Lutherland, You have heard the Evidence against you, what have you further to say for your self?
I am guilty of the Fellony, but not of the Murther.
The President having given the Jury their Charge, they went forth to consider their Verdict, and an Officer was attested to attend them, and to keep them without Meat and Drink until they should agree.
The Court adjourned until eight of the Clock the next Morning.
February the 17th, the Court being for, the Prisoner was [Page 13] set to the Bar, and the Jury called over by their Names.
Are you agreed of you Verdict.
Yes.
Who shall speak for you?
Our Fore-man.
What say you? Look upon the Prisoner, Is Thomas Lutherland Guilty in manner and form as he stands indicted, or not Guilty?
Guilty.
And so the Jury said all, one by distinctly.
The Attorney General demanded Judgment against the Prisoner.
A Case of this Nature never happening in this part of the Country before, the Court was very cautious in passing Sentence of Death.
Whereupon the Grand Inquest, the Jury of Life and Death, and the Coroners Inquest, and the most part of the Country there present, caused the following Petition to be presented to the Justices.
WHereas Thomas Lutherland is found guilty of the Fellonious Taking and carrying away the Goods of John Clark, and of willfull Murther, as by the Judgment of Fifty Two Persons, Jurors, doth appear. And forasmuch as Justices of the Peace, by the Commission of the Peace, are not impowered to pass Sentence of Death, where there are superiour Courts, but seeing we have no superiour Court in this Province, we must apply our selves to you for Justice.
The great Charge and Trouble it hath been to this County in securing the said Lutherland, and the hazard of his escape, the Encouragement which the Impunity of this Notorious and Heinous Fact, may give to other Wicked People to do the like, [Page 14] whereby their Majesties loving and peaceable Subjects may be [...] constrains us to call to you for Justice, and that you pass sentence of Death on the said Lutherland, according to Law, and give order for the Execution thereof. And we whose Names are [...]re-under written do joyn and accord with you in the same, with [...] Consent. In Testimony whereof, We have hereunto set our Hands this 17 Day of February, 1691.
This was Signed by about one hundred Persons of the best Yeomandry in the County of Salem.
In answer to the said Petition, after deliberate Consideration, the Justices proceeded as followeth, viz.
Thomas Lutherland, Thou hast been Indicted, Arraigned, and pleaded Not Guilty of the Murther of John Clark, and for Tryal thereof, hast put thy self upon thy Country, which Country are these who have found thee guilty: What canst thou say for thy self why Judgment and Execution of Death should not pass against thee?
I have nothing to say; I am guilty of the Fellony, but not of the Murther. I think I am hardly dealt with. I never knew that the King's Attorney should plead against a Person for Fellony.
Thomas Lutherland, Thou art here found guilty, 1st. by the Corroners Inquest, 2dly, By the Grand Jury, and lastly, by the Jury of Life and Death. And now having nothing to say, why Judgment should not pass against thee.
Now it resteth to pronounce the Judgment, which I wish thou hadst not been this day to have received; but since thou hast been found guilty of the Murther and [Page 15] Fellony charged against thee, Thou shalt be had to the place from whence thou came, From thence to the place of Execution, and there thou shalt be Hanged by the Neck till thy Body be Dead, Dead, Dead; and God have Mercy upon thy Soul.
What time do you desire to prepare your self for Death?
So soon as you please.
The Court gave him five dayes time, and gave order for his Execution the 23d day of the aforesaid Moneth▪ February.
The First Day of the Week after his Condemnation, the Prisoner sent for the High Sheriff, and confessed to him, That he Murthered John Clark; and said, he would make an open Confession at the place of Execution.
The next Morning the Prisoner sent for the Clark to take his Confession in Writing, which is as followeth, Viz.
The Prisoner's Confession.
Prisoner. I have been a great Sinner, and have continued in my sins until this fortieth Year of my Age, and have committed more sins than man could almost commit, for Drunkenness, Whoring, Swearing, Tempting Young Women to Debauchery, and then leave them; then for Theft, and now for Murder. I was convicted of Fellony in England, for which I was Transported into Pennsilvan [...]a ▪ I consented to the stealing of several parcels of Goods on Ship-board, which is the same as doing the Fact: In Pennsilvania I was convicted of several Thefts, but could take no warning by all this.
I pray▪ good People take care of your Goods, and leave them not in Our houses carelesly, which are great Temptations [Page 16] to sinners, the Devil takes such opportunities to perswade sinners to S [...]eal and Rob. I declare, I never took any Goods out of a House that was lockt. Good people pray take warning by my Example, I have been a [...] to many, but consider, the Pitcher goes not so often to the Well, but comes home broke at last.
What I said in denying the Murther of John Clark, I find God hath shewed an Example by me: Think not, that Murther will ever be hid, the very Leaves of the Trees will discover Murther: When I touched the Murthered Corps of John Clark, I was afraid the Blood would have flown in my face: Pray take heed, Young and Old, this hard heart of mine is the greatest Enemy I have. I forgive all.
When I sold John Clark the empty Casks, he shewed me several sorts of Goods for my pay: I was to go over the River to receive some pay due to me, and the Devil tempted me to take away this mans Goods; intending to sell them there; but I knew I could not take away the Goods without killing the man: This was three or four dayes before he went to John Gillmans; when he was gone there, I began to bless the Lord, he had prevented the Wickedness in my heart, thinking he had been gone; but when I went down to the Landing, I met him, and he brought me my [...], and told me, if I wanted any Goods he had, I shou [...] freely have them. I was sorry for seeing him, for then the Temptation came strong upon me. I went down with him, and bought some Three B [...]tons; [...] I went away from the Boat, I told him, he had a cold place: He answered, he had a warm Cabbin; and I bid him wrap himself warm. As I was going home, my heart mis-gave me, and I thought, Why should [Page 17] I destroy this Innocent Creature. When I came home, [...] Nicholas Philip [...] to buy some Tools of me, which I sold him; so he supped with me, and after Supper asked me to go to the Ordinary to drink a pot of Beer; I went with him, and we drank two pots of Beer, and one Gill of Rum: After I parted with him; and as I went to go home, the Devil's Temptation came so strong, I put my foot over the fence, intending to fetch a Bag to put the Goods in; but I thought my Wife would betray me, so with-drew my foot, and went down to the boat thinking I should find something there to put the Goods in: When I [...] to the Boat the man was in the Cabbin, I counterfeited [...] Voice, and asked, Whose Boat it was? He answered, Mine: I asked, where he was going? He said, Vp the River: I told him, I must go to New-Castle, he said, He wou [...]d carry me, if I would pay him: I told him, I would pay him nothing, I must have your Boat▪ so he put up his head, I suppose to cry out: I bid him put down his Head; he said, He would be still; so I took an end of a Roap, and put about his Neck; he cryed, Friend do not destroy me, he that Created me, Created thee; Remember thy Creator and Redeemer, and have Mercy upon me, as you expect Mercy from God: So I told him, I would not destroy him; but he said, I think you intend to Choak me. I asked him, if he had got any Money? He said, he had got some Wampum; so he cryed, Spare my Life, and take my Goods; but I pulled both ends of the Roap together (he cryed, Lord have Mercy upon my Soul! Lord have Mercy upon my Soul!) till he was dead; then I took the Keyes out of his Pocket, and unlockt his Chests, and put his Goods into a Sack; but before I removed them, came William Penton, and some others, and he cryed, Let us call John [Page 18] Clark; so I lay down in the Waste of the Boat, and covered my self with some Sacks: When they were gone, I removed the Goods into George Hazlwood's Sloop, and rowed Clarks Boat down to Windham, and hawled him over board, but could not make him sink, which put me into great fear; then I jumpt on shore w [...]th the Sp [...]t of the Boat, and left the Boat a d [...]ift; so returned back to the Sloop, and removed the Goods, and hid them in a Hay-stack, and in two or three dayes removed them into my own Hay-stack, and afterwards, unknown to my Wife, brought them into my Chamber, where they were found; and upon the finding of these Goods, I was committed.
I confess my great Sin in Marrying a Wife in this Country, having a Wife and Child at Clay Cott [...]n in Northhamptonshire. I have been very disobedient to my Parents, a great Breaker of Sabbaths, which was the cause of my habit of sin: I had rather go to an Ale-house than to any Church. Pray Young People take warning by my shamefull end: Keep the Sabbath truly: Go to any Religious Meetings, whether of your own Perswasion or not. The Devil is alwayes at hand to tempt Sinners. I have had great Oppression upon my Spirit since I was in this Prison▪ and I thought I should never Repent or Confess until almighty God softned my hard Heart and gave me Grace to Repent. I beg all good People to joyn in Prayers with me. I have great need of your Prayers.
Not long after the Clark had taken his Confession, he was carryed [...] guarded by the Sheriff and his men to the place of Execution. All the way as he [Page 19] was carryed, and at the place of Execution, he made a Repetition of the aforesaid Confession, and gave good Exhortation to all People, to take wa [...]ning by his Example, earnestly desiring, both Young and Old, to be carefull in keeping the Sabbaths; and all Young People to be Dutiful to their Parents. So praying about a quarter of an hour, and desiring all there present to joyn with him; and having forgiven the Executioner, the Cart went away, and he dyed immediately.