The Trial and Execution, for Petit Treason, of Mark and Phillis, Slaves of Capt. John Codman: Who Murdered Their Master at Charlestown, Mass., in 1755; for Which the Man Was Hanged and Gibbeted, and the Woman Was Burned to Death. Including, Also, Some Account of Other Punishments by Burning in MassachusettsGoodell, Abner Cheney
History
The Trial and Execution, for Petit Treason, of Mark and Phillis, Slaves of Capt. John Codman: Who Murdered Their Master at Charlestown, Mass., in 1755; for Which the Man Was Hanged and Gibbeted, and the Woman Was Burned to Death. Including, Also, Some Account of Other Punishments by Burning in Massachusetts
It is very likely that Phebe was transported, as described by Dr.
Bartlett, but there is nothing on record to show that she was used as
a principal witness. Indeed, the answers of Phillis and Mark on their
examination are mutually recriminative, and amount to a plenary
confession of the crime of each. Besides, as neither the governor nor
the court had any authority to grant a pardon for murder,[12] it is
not likely that any favor was shown to her in accordance with a
promise from either, nor is there any evidence that any lenity was
actually extended to her, except the negative circumstance that she
was not included in the indictment.
[Footnote 12: See Hutchinson's Hist. Mass. Bay, vol. iii. p. 287, n.
Instances of pardons and reprieves occur in our judicial history, but
they were invariably granted in the name of the king, by the
commander-in-chief; and, if for a graver offence than manslaughter, it
seems to have been understood that a pardon was not to be granted
without previous express direction from the king. This was in
compliance with a clause in the royal instructions, issued to all the
governors, by which they were enjoined not to remit any fines or
forfeitures above L10 in amount, or to dispose of escheats, without
the royal sanction; forfeiture of lands and chattels being a
consequence of attainder upon conviction of the higher class of
felonies. The commission to Andros expressly excepted treason and
murder from the offences which he was authorized to pardon.]
This completes the narrative of this remarkable case. The body of Mark
is said by Dr. Bartlett to have remained on the gibbet "until a short
time before the Revolution." Certain it is that when Dr. Caleb Rea
passed through Charlestown on the first day of June, 1758, on his way
from Danvers to join the regiment, of which he had been chosen
surgeon, in the expedition against Ticonderoga, he found the body
hanging, and, having examined it, recorded in his journal that "his
[Mark's] skin was but very little broken, although he had hung there
near three or four years."[13]
[Footnote 13: Hist. Coll. Essex Inst., vol. xviii. p. 88, n.]
Finally, another patriot,--Paul Revere,--in describing his famous ride
on the 18th of April, 1775, on a still more important errand, says,
"After I had passed Charlestown Neck, and got nearly opposite where
_Mark was hung in chains_, I saw two men on horseback under a
tree,"[14] &c.; thus alluding to the site of the gibbet as a place
well known at that time,--as undoubtedly it was, to all the country
round.
[Footnote 14: Letter of Colonel Revere to Cor. Sec. of Mass. Hist.
Soc., Jan. 1, 1798: 1 Mass. Hist. Coll., vol. v. p. 107.]
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