74 OVER ON THE ISLAND
there was nothing to do but to let the prisoner go, although, as Governor Patterson remarked ruefully in his letter to Lord North, “No man could be more deserving of death.”
Sometimes the jury refused to convict in cases in which conviction would harm others. Once when the jury returned with a “not guilty” verdict the foreman was asked to account for this remarkable find. He explained that the jury had no doubt whatever that the prisoner was guilty, but they also knew that he had a wife and seven children dependent on him. To hang the father would not only disorganize that household, but would burden the community as well.
In 1815, two men were hanged on Gallows Hill for burglary and larceny. They were hungry and they had stolen some bread!
Prince Edward Island and Newfoundland had similar troubles around the early part of the nine— teenth century. Each colony had a Chief Justice it was very anxious to get rid of. On Prince Edward Island, Caesar Colclough held the post. He lacked common sense and a knowledge of law, but he was absolutely fearless. Once, when he and some other barristers had arrived at Balinla ferry, a storm raged so violently that the ferryman was afraid to cross. Colclough, however, flung his bags into the boat and ordered the boatmen to take him over:
Whilst meaner souls the tempest keeps in awe
Intrepid Caesar crossing Balinla
Shouts to the boatman shivering in his rags, “You carry Caesar and his saddle bags! ”
Such was Caesar Colclough, Chief Justice of Prince Edward Island!