The August term, 1782, was one of the most memorable in the history of the court. It was a “Court of Oyer and Terminer & Genl. Gaol Delivery,” as well as for other county purposes. At this term it was presided over for the first time by a judge--“the Honl. Spruce McCay Esqr Present and Presiding.” He had the court opened by proclamation, and with all the formality and solemnity characterizing the opening of the English courts. On the first day of the term, John Vann was found guilty, by a jury, of horse-stealing, the punishment for which at that time was death. On the same day the record contains an entry to the effect that “the Jury who passed upon the Tryal of John Vann beg Leave to Recommend him to the Court for Mercy”; but no mercy was shown him by “the Honl. Spruce McCay Esqr,” as the record discloses further along. During the week, two more unfortunates--Isaac Chote and William White--were found guilty of horse-stealing; and, on the last day of the term (August 20), Judge McCay disposes of all three of these criminals in one order, as follows: “Ord that John Vann Isaac Chote & Wm White now Under Sentence of Death be executed on the tenth day of September next.” This is the whole of the entry. The judge was mistaken in saying that the three persons named in the order were “under sentence of death.” No such sentence is to be found of record--all that appears is an entry of the style of the case, as “State vs” etc., in each case, and the entry opposite the case, that “the jury sworn to pass upon the Tryal do find the defendant guilty in manner and form as charged in the indictment”; but there is no formal sentence of death entered of record in either of the three cases. It is not probable that a parallel proceeding can be found in judicial history. Judge McCay utterly ignored the unanimous action of the jury who recommended John Vann to the mercy of the court. Can a case be found where a judge, in the United States, ever refused mercy to a criminal who was commended to him for mercy by the jury that found him guilty? Can another case be found where a judge caused three persons to be “executed” by one order, consisting of five lines and seventeen words, exclusive of the names of the criminals? Judge McCay omits entirely to direct the method of executing the three criminals--he does not say whether they shall be hanged, shot, burned or drowned--but they were executed, either with rope, rifle or tomahawk, according to the good taste of the sheriff or the wishes of the defendants.