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action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /home/goodspeedhist/public_html/wp-includes/functions.php on line 6114The story of Little Jim is not quite over.1<\/a><\/sup> There was the execution itself in Flemington, and then the aftermath, the way people processed these disturbing events.\u00ac\u2020The court’s decision was so controversial it turned up in a modern U. S. Supreme Court case.<\/p>\n <\/p>\n The previous article in this series brought up the issue of treating a child as an adult in a criminal case. This was, in fact, the law in the 19th<\/span>\u00ac\u2020century. And even in the 20th<\/span>\u00ac\u2020century, very little progress had been made. Not until 1954 did the NJ Supreme Court decide that a child under the age of 16 could not be tried in a regular court for a serious crime.<\/p>\n In December 1966, in the case of \u201a\u00c4\u00faIn re Gault,\u201a\u00c4\u00f9 the U. S. Supreme Court ruled that juvenile defendants must be allowed “the constitutional right to due process of law”\u00ac\u2020even in juvenile court. One of the dissenters was Justice Potter Stewart. His concern was that criminal trials were not appropriate for a juvenile court, because \u201a\u00c4\u00fatheir object is correction of a condition, not conviction and punishment.\u201a\u00c4\u00f9 Stewart wrote:<\/p>\n . . . to impose the Court’s long catalog of requirements upon juvenile proceedings in every area of the country is to invite a long step backwards into the nineteenth century. In that era there were no juvenile proceedings, and a child was tried in a conventional criminal court with all the trappings of a conventional criminal trial. So it was that a 12-year-old boy named James Guild was tried in New Jersey for killing Catharine Beakes. <\/u>[my emphasis] A jury found him guilty of murder, and he was sentenced to death by hanging. The sentence was executed. It was all very constitutional.2<\/a><\/sup><\/p><\/blockquote>\n It wasn’t until 1988 that the U.S. Supreme Court ruled that the execution of a 15-year-old is cruel and unusual punishment (by a vote of 5-3). In 2005, it raised the age for execution to 18 (by a vote of 5-4).3<\/a><\/sup><\/p>\n On November 12, 1828, two months after the appeal of Little Jim\u201a\u00c4\u00f4s conviction failed, this item appeared in The Fredonian, a New Brunswick newspaper, under the heading of “Legislature of NJ\u201a\u00c4\u00f9: \u201a\u00c4\u00faThe consideration of the bill concerning James Guild, a coloured boy, convicted of murder, was resumed, the first section disagreed to, and the bill dismissed.\u201a\u00c4\u00f9 No mention of what was in the bill or who introduced it.<\/p>\n However, a query to the New Jersey State Law Library turned up the Minutes of the New Jersey State Assembly for 1828, and this item for November 4th<\/span>\u00ac\u2020(p. 17):<\/p>\n Mr. Potts presented the petition of the counsel of James Guild, a black boy, convicted of murder, in Hunterdon county, and under sentence of death for said offence; and also the petition of sundry other persons of said county; together praying, for divers reasons given, that the punishment of death may not be inflicted on said boy, but that it may be commuted into banishment, imprisonment for life, or foreign slavery.<\/p><\/blockquote>\n This item answered the question I raised in part two\u201a\u00c4\u00eewhat was the motive of the four attorneys for taking on the defense of a person who would never be able to pay them. It appears that did it because of a principle, a consciousness that the death penalty would be entirely inappropriate for a 12-year-old boy. And they were not alone, as the bill was urged by “sundry other persons.”\u00ac\u2020So, at the last minute, they turned to the legislature to save Jim\u201a\u00c4\u00f4s life. Hats off to Messrs. Nathaniel Saxton, Peter I. Clark, Joseph W. Scott and Zachur Prall Esq.\u201a\u00c4\u00f4s.<\/p>\n Unfortunately, according to the Assembly Minutes\u00ac\u2020for November 6 (p. 62), \u201a\u00c4\u00faThe bill entitled, An act concerning James Guild, a coloured boy, convicted of the crime of murder, Was read a second time, and postponed.\u201a\u00c4\u00f9 Apparently it was taken up sometime before Nov. 12th<\/span>\u00ac\u2020when the Freedonian reported that it had been dismissed.<\/p>\n As for the alternatives proposed for Little Jim, they were not gentle. Banishment seems odd, imprisonment for life is more in line with today\u201a\u00c4\u00f4s thinking, but \u201a\u00c4\u00faforeign slavery\u201a\u00c4\u00f9 is inhuman. Certainly not much of an improvement over hanging.<\/p>\n The execution of James Guild by hanging took place on November 28, 1828. Various sources describe the location as: \u201a\u00c4\u00fa. . . in a field about 40 rods W. of the village, on the N. side of the road to Centre Bridge”;4<\/a><\/sup> or “in a field west of the village of Flemington, near the road to Centre Bridge.”5<\/a><\/sup> The clearest description stated that it took place on<\/p>\n \u201a\u00c4\u00faa scaffold near where the Reading Academy was later built; An empty field back then, the Reading Academy was later built there and was Flemington\u201a\u00c4\u00f4s only public school from 1862-1915 ; the site is now the Bonnell Street entrance of the Reading-Fleming Intermediate School.6<\/a><\/sup><\/p><\/blockquote>\n Another matter that the sources agreed on was that there was a large crowd in attendance. But nothing in these sources mentions how Jim comported himself. Did he finally realize that all his posturing was for naught? Did this large crowd cheer when it happened, or was there a moment of silence? I suspect, judging from the bill proposed to the legislature, that there were many in the audience who understood that this was wrong. And the sight of a small boy hanging from the scaffold must have had a sobering effect on those who were feeling vindictive. Judging by the way his body was treated after the execution, I suspect there was more than a little uneasiness about the whole matter.<\/p>\n Jim was not allowed to rest in peace. Quite the contrary. There are even more stories about what happened afterwards than there were about the execution itself. I shall begin with the least gruesome, a version related by Frank Burd:7<\/a><\/sup><\/p>\n . . . his body was carted off in a spring wagon to Runk\u201a\u00c4\u00f4s Mill, in what is now Idell, where by the light of a lantern, Dr. Coryell, proceeded to cut the little fellow up, just what he expected to find I never found out.<\/p><\/blockquote>\n According to the Raritan Twp. Bicentennial booklet, \u201a\u00c4\u00faDr. Israel Coriell, who boarded with the mill owner, claimed the body for scientific study.” I suspect the body was kept in the mill building, not in the house. Let\u201a\u00c4\u00f4s take a closer look at Runk\u201a\u00c4\u00f4s Mill and Dr. Coriell.<\/p>\nIn the Courts<\/h4>\n
In the Legislature<\/h4>\n
The Execution<\/h4>\n
After the Execution<\/h4>\n