Democratic Sentinel, Volume 7, Number 27, Rensselaer, Jasper County, 3 August 1883 — Pressed to Death. [ARTICLE]
Pressed to Death.
Tn early times' it was considered-that criminora accused of felony could not be properly tried unless they consented to the trial by pleading and putting themselves on the country. After reading the indictment to him the question was put: “How say you—are you guilty or not guilty?” If he said “Not guilty,” the next question was, “Culprit, how will you be tried ?” To which the prisoner had to answer: “By God and by my country.” If he willfully omitted either portion of that answer he was said to stand mute, and a jury was sworn to say whether he stood mute of malice or mute by the visitation of God. If they found him mute of malice, that was equivalent to pleading guilty in cases of treason or misdemeanor; but in cases of felony he was condemned, after much exhortation, to the peine forte et dure—that is, to be stretched naked on his back, and to have iron laid upon, as much as he could bear, and more, and so to continue, fed upon bad bread and stagnant water on alternate days, till he either pleaded or died. This strange rule was not abolished till the year 1772, when standing mute in cases of felony was made equivalent to a conviction. A case actually occurred as late as 1726, when one Bumwater, accused at Kingston Assizes of murder, refused to plead, and was pressed for an hour and three-quarters, with nearly 400 pounds of iron, after which he pleaded not guilty, and was convicted and hanged. In 1658 a Maj. Straneways was pressed to death. The object of refusing to plead was that, as in that case there was no conviction, no forfeiture took place, and the property of the accused person was thus preserved for his heir. — Blackwood.
