THE MURDER OF MR. KEEN.

89

you of the indictment, you are therefore set at liberty on paying the charges of the court.' If the man knew himself to be innocent, it must have seemed rather a hard case that he should have to pay for the process arising out of a false accusation, by which process he had run the unpleasant risk of being hanged.

At the same time, and before the same court, a judicial enquiry was made into the circumstances of a more fearful and less doubtful case of murder. In this instance the victim is described as William Keen, Esq., apparently the father of the magistrate. No less than nine persons, one of them a woman, were charged with being implicated in the murder. The evidence proved that all these had conspired to rob the house of Keen, the woman being the principal instigator, as professing to know where his money was. Once before the day of the crime the accused had met, with the intention of committing it (swearing on the Prayer Book to be true to each other), but difficulties interposing, they separated till a more favourable opportunity. At length it arrived, and after again going through the form of swearing, they proceeded to effect their purpose in the dead of night, some keeping watch with guns, while others entered the house; among the latter, the woman dressed in man's attire. Proceeding through the kitchen, the burglars entered the old man's bed-room, who, alarmed by the noise, and by the attempt to cover his face with the quilt of the bed, struck out with his hands, thereby extinguishing the candle held by one of the

assassins. He was then struck twice with a scythe, followed by a blow from the butt-end of a musket, the inflictor of the latter stroke saying truly afterwards, that he had done his business. The evidence was very clear against the prisoners, who were all found guilty, and sentenced to be hanged, two of them, one the woman, to be hung afterwards in chains on a gibbet in some public place.

There is a slight singularity in the account of this sad affair. The Records contain the copy of an order for the erection of a gallows for the execution of sundry persons in custody for Keen's murder, the date of which order is one day earlier than that on which these persons were put on their trial.

The sentence was carried out on four of the condemned, two being gibbeted. The other five were respited by the Governor, and subsequently received the king's pardon; this latter step, however, calling forth a memorial from the principal inhabitants of St. John's, praying that the reprieved should be banished the country, which was complied with by the Governor.

Religious toleration does not seem to have been one of the public virtues practised in Newfoundland a century ago. The Roman Catholics, forming a large proportion of the resident population, were especially interdicted in the exercise of the rites of their Church and even subjected to disabilities for the crime of being Catholics. The Government officials were required to disavow any participation in the doctrines of this obnoxious and proscribed sect.

GOVERNOR DORRELL AND THE ROMAN CATHOLICS. 91

Here is a form of repudiation, bearing the signatures of seven justices of the peace and others:- We, the undernamed justices of the peace, judges, and sheriff, do declare, that we do believe that there is not any transubstantiation in the sacrament of the Lord's Supper, at or after the consecration thereof by any person whatsoever.'

But though Romanist views were thus abjured by the authorities, the adherents of the Romish Church came and multiplied in the island. In the year 1755 Governor Dorrell thus refers to this great evil, as it was deemed:—

Whereas a great number of Irish Roman Catholics are annually brought over here, a great part of which have but small wages, so that after paying their passage to this place. and the charges of clothing, &c., during the fishing season, their whole wages are spent, and they have not wherewith either to pay their passages or to purchase provisions for the winter, by which means they not only become chargeable to this place, but many robberies and felonies are committed by them, to the great loss and terror of His Majesty's liege subjects in this island. This is therefore to give notice to all masters of ships or vessels that bring such passengers to this island, that after the fishing season is over, they carry from hence the whole number and same passengers they bring here, except such as have my order to remain in the land; hereof they are not to fail, as they will prevent being proceeded against with the greatest severity the law in such cases will admit.

(Signed) R. DORRELL.

Poor, however, as were these followers of a proscribed faith, who had intruded themselves into the country, they were made to pay for their attachment

to their creed. In a communication addressed to the justices by Governor Graves in 1762, this fact is thus recognised: You are likewise to continue in due force the tax laid on Roman Catholics per late Governor Webb, and to make a return to me of what money has been collected on that account.'

But the most resolute action of the Government was directed to prevent the introduction of any priests to exercise their functions in the prohibited communion. In 1755 Governor Dorrell writes to the magistrates of Harbour Grace on this subject:

Whereas I am informed that a Roman Catholic priest is at this time at Harbour Grace, and that he publicly read mass, which is contrary to law, and against the peace of our sovereign lord the king. You are hereby required and directed on the receipt of this, to cause the said priest to be taken into custody and sent round to this place. In this you are not to fail.

In answer to this appeal, the magistrate replied:-

As concerning the Roman priest of whom you were informed that he read public mass at Harbour Grace, it was misrepresented, it was at a place called Caplin Cove, somewhat below the Harbour; for if he read it in the Harbour I should have known it and would have secured him. After he was informed that I had intelligence of him, immediately (he) left the place, and yesterday (I) was informed he was gone to Harbour Main.

The sequel to this affair, as set forth in the Records, reveals a legalised religious intolerance, which, though too common in those days, yet is startling when seen now in the facts by which it was illustrated.

PROCEEDINGS AGAINST ROMAN CATHOLICS. 93

It appears that the

that the priest did perform service in Harbour Grace, and in other places besides, thereby furnishing the materials for certain judicial proceedings worthy of notice, the tenor of which will be best seen by a document copied in the Records.

At a court held by the Governor's deputy in Harbour Main, September 20, 1755, the following order was issued to the magistrates:

By Thomas Burnett, Esq., deputy or surrogate,
to Richard Dorrell, Esq., governor, &c.

At a court held before me at Harbour Main the 20th of September, at which you, Charles Garland, was present, at which time Michael Katem did appear before us, and by his own confession did admit a Roman priest to celebrate public mass according to the Church of Rome, in one of his fish-rooms or store-houses, and he, being present himself, which is contrary to law, and against our sovereign lord the king, we think proper to fine him the sum of fifty pounds, and to demolish the said fish-room or store-house where mass was said, and I do likewise order the said Michael Katem to sell all the possessions he has or holds in this harbour, on or before the 25th day of November ensuing. At the same day appeared before us Michael Landrican, who was guilty of the said crimes, for which we think proper to fine him the sum of twenty pounds, to burn his house and stage down to the ground, and he to quit the said harbour by the 25th of November ensuing. At the same time appeared before us, Darby Costley, Robert Finn, Michael Mooring, and Renold McDonald, all which by their own confession are Roman Catholics and inhabitants of this place, which is contrary to law that they should hold any property in this island. We therefore think proper to fine the said Darby Costley ten pounds, Robert Finn ten pounds, Michael