| Show cruelty of ancient law by the statutes of illinois it Is pro blaed that when a person is arraigned in court to answer to an indictment if he refuses to plead the court shall order that a plea of not guilty ba en tor him it the ourt proceeds to try the case without a plea such omission is good ground tor setting aside a verdict of guilty for the rea son that without a plea of not guilty there Is no issue presented to the jury to try john F getting in the elev anth american criminal points out that under the old english law it a prisoner tood mute and failed to plead to the indictment a jury was impaneled to determine 1 whether his conduct came from a or from a natural impediment according to blackstone if the ans oner wa found to be obstinately mute and the indictment was for high trea son it was settled that his silence was equivalent to a conviction and that judgment and execution should follow this same rule applied to petit larceny and misdemeanors but upon appeals or indictments other felonies or petit treason according to the ancient law the prisoner was not deemed convicted but because of his obstinacy he received the terrible sentence of penance or and was p essed to death alaci tone thus describes this pun ashment that the prisoner be remanded to the prison from whence he came and put la a low dark chamber and there be laid on his back on the bare floor naked unless decency for bids that there be placed upon his body as great a weight of iron as be could beai and more that he should hate no sustenance save only on the first day three morsels of the worst bread and on the second day three drafts of standing water that should be nearest the prison door and in this situation this should alternately his daily diet till he died or as anciently the judgment ran till he answered during the trials for witchcraft in isea england a respectable citizen be ing so accused knowing that by rea son of the excitement of the times a plea of not gi ity and trial would result in a conviction with confiscation of property and the same judgment would follow a plea of guilty refused to plead thereby preventing a condic tion and enabling his family to retain his property the court ordered that he be pressed because of his nacy the order was carried out and the victim died |
