We have the records of an attempt at capital punishment in 1641; and Mr. Gerard’s account of it in his paper “The Old Stadt-Huys” is so graphic, I wish to give it in full:-- “The court proceedings before the Council, urged by the Fiscal, were against Jan of Fort Orange, Manuel Gerrit the Giant, Anthony Portugese, Simon Congo, and five others, all negroes belonging to the Company, for killing Jan Premero, another negro. The prisoners having pleaded guilty, and it being rather a costly operation to hang nine able-bodied negroes belonging to the Company, the sentence was that they were to draw lots to determine ‘who should be punished with the cord until death, praying the Almighty God, the Creator of Heaven and Earth, to direct that the lot may fall on the guiltiest, whereupon’ the record reads, ‘the lot fell by God’s Providence on _Manuel Gerrit, the Giant_, who was accordingly sentenced to be hanged by the neck until dead as an example to all such malefactors.’ Four days after the trial, and on the day of the sentence, all _Nieuw Amsterdam_ left its accustomed work to gaze on the unwonted spectacle. Various Indians also gathered, wondering, to the scene. The giant negro is brought out by the black hangman, and placed on the ladder against the fort with two strong halters around his neck. After an exhortation from Domine Bogardus during which the negro chaunts barbaric invocations to his favorite Fetich, he is duly turned off the ladder into the air. Under the violent struggles and weight of the giant, however, both halters break. He falls to the ground. He utters piteous cries. Now on his knees, now twisting and groveling on the earth. The women shriek. The men join in his prayers for mercy to the stern Director. He is no trifler and the law must have its course. The hangman prepares a stronger rope. Finally the cry for mercy is so general that the Director relents, and the fortunate giant is led off the ground by his swarthy friends, somewhat disturbed in his intellect by his near view of the grim King of Terrors.” Up to February 21, 1788, benefit of clergy existed; that is, the plea in capital felonies of being able to read. This was a monkish privilege first extended only to priestly persons. In England it was not abolished till 1827. The minutes of the Court of General Quarter Sessions in New York bear records of criminals who pleaded “the benefit” and were branded on the brawn of the left thumb with “T” in open court and then discharged.