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Colonial Cases

R. v. Harvey and others [1789]

capital punishment - Crown mercy - benefit of Clergy

King's Bench

May 1789

Source: Quebec Herald, 18 May 1789

[6] On Thursday last the Sessions of the Court of King's Bench, for May term ended. During the Sessions Christopher Harvey, John Bevan, and James Jewell, were convicted of stealing a small vessel and her cargo from a wharf in this city in Nov. last. The Jury on account of their Youth recommended them to mercy.

John Carl was convicted of grand larceny, he prayed for the benefit of his clergy, but as it appeared that he had been allowed that benefit for a similar crime, in November term last, it was refused him.

Charles Colther was convicted of grand larceny and had his Clergy. He was burnt in the hand.

Pierre Dorion who had been committed for refusing to pay a fine laid on him by the officers of Militia, was brought up by habeas corpus, and after a full hearing was remanded to prison.

Sentence of Death was passed on Harvey, Bevan, Jewell and Carl, to be executed the fifth of June next, between the hours of 10 and 12.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School