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But there was not enough proof to convict, and she was given the benefit of the doubt. "I have heard English people argue that in England she would have been hanged. Personally I doubt that. I think that an English jury, not having the judicial loophole of 'Non Proven, would have been bound to acquit her. What do you think?"
The unfortunate cur was arraigned; his thievish looks substantiated his guilt, and he was condemned by his judges from across the river to be hanged. In vain the Indians of the hut, with whom he was a great favorite, interceded in his behalf. In vain Captain Bonneville and his comrades petitioned that his life might be spared. His judges were inexorable.
The mob appeared to be thoroughly organized, every man having and occupying his assigned place. This fact gave Harvey Scott an opportunity to declare in the Oregonian that I "was the chief of the vigilantes, and could have any man in three counties hanged" that I should order.
"I know what I think," Lige broke in; "I think I'd ought to be hanged for letting him out of my sight. Maybe it's all right; maybe he turned and started right back for town and got there. But I had no business to leave him, and if I can I'll catch up with him yet."
His lawyers took an appeal on a technicality and sent the case to the supreme court, where a long delay seemed inevitable. The jail was so bad that an expensive guard had to be maintained. At length, some of the citizens concluded that to hang Fowler was best for all concerned. They took him, mounted, to a spot some distance up the railroad, and there hanged him.
I wonder, Philip, if thy feyther had done a kind deed and a right deed and a merciful deed and some one as he'd been good to, even i' t' midst of his just anger, had gone and let on about him to th' judge, as was trying to hang him, and had getten him hanged, hanged dead, so that his wife were a widow, and his child fatherless for ivermore, I wonder if thy veins would run milk and water, so that thou could go and make friends, and speak soft wi' him as had caused thy feyther's death?
But the fiend got the better at first; and King Edward, bewitched himself for the moment, would have hanged Friar Bungey for crossing old Adam, if he had not called three times, in a loud voice, 'Presto pepranxenon! changed himself into a bird, and flown out of the window.
'And then there is this to be said, Toffy, he added, beginning to speak at the point to which his thoughts had taken him 'there is this to be said: suppose one could get Purvis out of this hole, Dunbar is waiting for him at Taco. He will be tried for the affair of the Rosana and other things besides, and if he is not hanged he will spend the next few years of his life in prison.
The report was current in the country after the executions that the dog was hanged at the same time as his master, a rumour probably originated by the hawking about Edinburgh streets of a broadside, entitled the "Last Dying Speech and Confession of the Dog Yarrow."
John Birch, the farmer who had sheltered him, was so fearful of punishment, that he hanged himself, in a few days' time, and even before he was apprehended.
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