“Common Scolds” Have Their Days in Court

This first account is about some Native American school children who evidently got  tired of their “Yankee” school teacher’s scolding:

THE natural law which writers on jurisprudence recognize seems to be a good deal like old English law in some respects. The penalty of ducking for intolerable scolds, enacted by statute in England, is a part of the natural code among the young savages of America. In Dakota some of the Indian children attend school; the teacher being of the usual Yankee school marm standard; but a more than average hand to scold. For a time the Indian pupils submitted tolerably well to the discipline of the schoolroom, but recently an outbreak came all at once. The Indian pupils made, one afternoon, a dash at the teacher, carried her out of doors to the creek, and there actually ducked her in the water with her head downward! Of course this was rather below the English method, where a ducking stool was used, and the victim went down feet foremost, but it was the best plan that suggested itself to the untutored minds of “the young barbarians all at play.”

Galveston Daily News (Galveston, Texas) Feb 27, 1875

In regards to the law:

Counseller Ruddiman has in charge a bill mentioned before — but a propos in this connection, resurrecting a relic of the past in the shape of a whipping post for wife beaters and it is expected that Statesman Law, to be even with his colleague, will shortly rehabilitate the ducking stool as a protection for hen pecked husband.

Indiana Weekly Messenger (Indiana, Pennsylvania) Mar 16, 1881

THE Philadelphia Press is clamoring for a revival of the old law which punished “common scolds” by public ducking. It says there is increasing frequency of “common scold” cases in the Pennsylvania courts, and suggest that a “gentle dip or two in the Delaware” would be more effective than a “temporary sojourn in the house of correction.”

Galveston Daily News (Galveston, Texas) Jul 1, 1882

This “lady” (I use the word loosely) sounds like quite a character:

South Chester Items.

A case was tried at 7 o’clock last evening before Justice Fields. A warrant was placed in the hands of Constable Elliott, on the oath of Margaret Slack, for the arrest of Margaret Reynolds, charging her with malicious mischief in throwing stones at her windows, appearing on the street in a nude condition, and being a common scold. The evidence was corroborated by several of the neighbors. The justice bound her over in the sum of  $200 bail for her appearance at the next court. She could not get bail. Constable Elliott had a serious time in getting her to the lockup. He had to drag her part of the way. She was determined that she would not go to the lockup, but the officer finally succeeded in getting her there.

Chester Times (Chester, Pennsylvania) Aug 19, 1882

Com. vs. Margaret Reynolds. — Assault and battery, common scold, open lewdness, malicious mischief, drunkenness; in fact charged with almost every crime at the tail end of the catalogue of criminal offenses, next engaged the court. Mrs. Slack was the prosecutor. Mr. Slack was her chief witness, and all lived next door to each other. Poor Margaret claimed a good character, told a tale of wondrous good works and got off, never to come back again.

Chester Times (Chester, Pennsylvania) Sep 21, 1882

More on the law…and a warning!

THE law on the statute books of Philadelphia providing for the punishment of women who are common scolds has been revived and a number of scolding women have been arrested and released on giving bond to keep the peace. The penalty for this offense is ducking and the ducking-stool will have to be resorted to should anyone be convicted. As this law applies with equal force to all parts of the State, some of our Indiana people should cut the item out and paste it on the looking glass.

Indiana Weekly Messenger (Indiana, Pennsylvania) Aug 7, 1889

Now, this one is particularly funny:

THE JUDGE WASTED HIS BREATH.

A Judicial Lecture to a Common Scold.

NEW YORK, Feb. 10. — Elizabeth Schultz, the old German woman who made such a nuisance of herself that she fell into the hands of Jersey justice and was convicted of the crime of being a common scold, was before Judge Hudspeth of Jersey City to-day for sentence.

“Madame,” said Judge Hudspeth, as she stood up to receive her sentence, “you occupy a unique position before this court, having had the inestimable distinction of being the second person convicted here of being a common scold. There was a time in the history of this state when such serious and reprehensible offenses as yours were punished by means of a ducking pond. But in this advanced age and more enlightened civilization the laws have been altered, so that it is in the power of the court to inflict a more humane punishment. Madame, apparently you have no control of your tongue at all. You are a nuisance. You have driven people out of the locality in which you live. You have disturbed the peace and comfort of your neighbors. You have made of yourself an unmitigated nuisance. Your offense against the peace of this commonwealth is a very grave one. You must keep quiet and silent. You must understand this. You must keep your tongue silent. The court has considered your case, and has given due weight to the appeals that have been made in your behalf. The sentence of the court is that you pay a fine of $10 and the costs of the prosecution.”

During this speech Mrs. Schultz had remained absolutely silent. When it was finished her lawyer led her to the clerk of the court and she paid the fines and costs, amounting in all to $76. Then she left the courtroom and trudged silently home. It should be added that Mrs. Schultz knows no English, and hence did not understand a word the judge said.

Galveston Daily News (Galveston, Texas) Feb 15, 1893

A Common Scold.

POTTSDOWN, Pa., April 17. — Chief Burgess Evans committed Hannah Fry, a single woman, to prison, charged by Councilman March with being a common scold.

Bismarck Daily Tribune (Bismarck, North Dakota) Apr 18, 1893

NOTE: At least two others were tried, Mrs.Hannah Underwood of Hopewood, acquitted in1890, and prior to her, Hannah Young, from Washington Twp., convicted, but found to be insane, so she was confined to an asylum, per an article in The Courier (Connellsville, Pennsylvania) dated June 13, 1890.

Might want to think twice before naming a daughter,  Hannah.

Philadelphia North American:

Ellen Getz, who was sentenced to three months in the county prison yesterday, should have lived in the old Puritan days. Mrs. Getz’s offense was that of being a common scold and of using language that would put the proverbial swearing trooper to blush. Such cases are rare now, in those days, however, common scolds were numerous, and sometimes they were publicly ducked at the town pump; in rare cases publicly whipped; but usually they were bound and gagged and stood on the main street for several hours, bearing on their breasts a placard labeled: “Common Scold.” Mrs. Getz escaped all this, and she was lucky. Let her reflect accordingly. It is hard enough to hear a man swear; but a woman! Let us hope that Mrs. Getz, and all like her, will take Judge Gordon’s advice and put a bridle on their tongues for the future.

Galveston Daily News (Galveston, Texas) Jul 18, 1895

FINALLY! A male scold gets his:

The shoe never appeared so ostentatiously on the other foot as it did the other day in a New York police court when a former subject of the kaiser was arraigned as a common scold and proven guilty on the testimony of the women of the neighborhood, whom he was always trying to drive inside from their doorsteps. He had even turned the hose on them when they stepped out for fresh air after ten o’clock. The court held him in $400 bonds for the future good behavior of his mouth, much to the delight of the neighbors.

“Who ever heard,” exclaimed his irate lawyer, “of a man being a common scold?”

“I did, just now,” his honor replied, “and unless he furnished $400 bail he will take a ride in the wagon outside.”

The Nebraska State Journal (Lincoln, Nebraska) Aug 11, 1898

This may have been the first conviction for Fayette County, but Pennsylvania seems to be the most likely state to be charged with being a “common scold.” In fact, the law still may be on the books today, although I haven’t checked. I found an article from 1961 of a woman being charged with the crime. She seemed rather amused by  the whole thing.

For the first time in the history of Fayette county, Pa., a person has been convicted of being a common scold, a verdict having been rendered in the case of Mrs. Carrie Eicher, of near Brownsville. Adam H. Zeigler, a neighbor, made the complaint. Children started the trouble.

New Castle News (New Castle, Pennsylvania) Sep 16, 1904

Carrie Eicher, who resides near Brownsville, Pa., in the vicinity of Uniontown, Pa., recently convicted on the charge of being a “common scold,” when she appeared for sentence was allowed to go on the payment of the costs, $35.21. Her attorney explained that she had moved away to Grindstone, and that she could no longer create a disturbance in the place where complaint was made against her.

New Castle News (New Castle, Pennsylvania) Sep 28, 1904

For more on Scolds, see my post, “Common Scolds and Ducking Stools.”

Lick Branch Mine: 2 Explosions in 2 Weeks

Group of Coal Miners

50 DEAD IN MINE HORROR

Believed That Fatalities Will Mount That High in West Virginia Explosion

EMPLOY 400 MEN; SAVE SOME ALIVE

Rescuers Work All Night and Continue Efforts Today to Get at Their Entombed Comrades.

MAYBURY, W. Va., Dec. 30. — The fatalities in the Lick Branch Mine as a result of yesterday’s explosion will probably reach fifty.

At 10 o’clock today mine officials admitted that there are thirty men now buried under the debris. The mine foreman, however, insists that 41 men are still entombed in an old working near the Tug River side of the mine where the explosion occurred. The early morning hours were spent by the rescuers in bracing the walls so as to get to the scene of the accident.

All night rescuing parties, including Mine Inspectors Phillips, Warner, Henry and Brady and scores of the most experienced fire bosses and miners worked tirelessly. At an early hour today 42 men had been removed from the mine, twelve of whom are dead. Only the main part of the mine has been explored as yet.

This mine is the largest in southern West Virginia, employing 400 men.

CINCINNATI. Dec. 30. — Orders were this morning received by a local firm for forty coffins to be sent to Maybury. It is presumed additional coffins have been ordered from other points.

Trenton Evening Times (Trenton, New Jersey) Dec 30, 1908

Scores of Miners Buried in Shafts

EXPLOSION AT LICK BRANCH BROUGHT DEATH IN WEST VIRGINIA.

SEVENTEEN RESCUED FOUR OF WHOM WERE DEAD.

OTHERS ARE BADLY INJURED

INJURED AND MORE FATALITIES EXPECTED.

Special to the Daily News.

Ennis, W. Va., December 30. — Up to one o’clock today nineteen bodies had been taken from the Lick Branch mine of the Pocahontas Consolidated Coal Company. It is feared that all of the fifty-eight men in the mine when the explosion occurred late yesterday are now dead.

Bluefield, W. Va., December 30. — One of the worst mine disasters in this field since the explosion of the Pocahontas mines in 1889, occurred at the Lick Branch Collieries Company’s mine at Maybury yesterday afternoon. The explosion was heard for some distance and people from every point rushed to the drift mouth of the mine, hoping to aid in any way possible. During the day 17 men have been taken from the mines, four of whom were dead and some of the others badly injured.

The dead are James Smith, Charles Little, W. Little and a Russian. It is estimated that there are 25 to 30 yet in the mines, and it is believed that they will not be found alive.

Special trains were run from Pocahontas with officials and rescuing parties. One report states that there were 52 men in the mine at the time of the explosion.

The work of rescue is slow owing to the fact that supplies and bratticing had to be sent from this city to aid in the work.

At a late hour no further definite news as to the loss of life or damage to property could be obtained.

Lick Branch is the name of a coal operation on the Pocahontas division of the Norfolk and Western Railway, and is without commercial telegraph facilities.

Norfolk and Western Railway officers say that owing to the fact that miners are taking a holiday this week in large numbers, it is not likely that more than 50 or 60 men were at work in this particular mine at the time of the explosion. It is stated that the Lick Branch mine has a connection with another mine on the other side of the mountain, and that it is possible this mine has been affected.
The cause of the explosion has not yet been determined.

Lima Daily News (Lima, Ohio) Dec 30, 1908

More Bodies Recovered from Lick Branch Mine.

THE DEAD MAY REACH CLOSE TO THREE SCORE

Thirty-Six Bodies Recovered Up to Noon Hour.

Mine Official Directing the Work at That Hour Express the Belief that There Are Yet at Least Twenty-One Victims More To Be Located in the Galleries of the Mine.

Switchback, W. Va., Dec. 31. — Another sleepless night was passed by this little town in expectancy of removal of more bodies from the mine at the Lick Branch colliery. Twelve more bodies were removed this morning, bringing the total dead list up to thirty-six.

The following is the complete list up to this morning:

Jim Smith, Charles Little, Wylie Little, unknown Russian, Jim Lockhart, Henry Lockhart, Richard Lockhart, Cleve Alexander, Pleas Kennedy, John Miller, Kemp Sanders, John Brown, Greek; Sam Beatty, Jim Roane, Tobe Webber, Matthew Webber, Reed Anderson, two unknown Italians, Peter Coles, Dominick Rose, Tony Alanava, George Meekert, Dave Bolton, Mike Buschuke, Young Johnson, George Barzollett, four Russians known only by numbers, A.J. Holland, Albert Holland, Zeff Estes.

Explorers are still at work in the ill-fated mine, men vieing with each others in staying on rescuing squads as long as bearable. One hundred experienced men are there waiting and willing to be called upon for service.

Mine officials believe there are still twenty-one victims yet to be located.

The Marion Weekly Star (Marion, Ohio) Jan 2, 1909

HUNDRED MEN ARE ENTOMBED

Second Explosion in Lick Branch Colliery.

MAY PROVE MORE DEADLY THAN FIRST

Explosion Occurs Just After Men Go to Work.

The Full Quota of the Day Shift Is On When the Gasses Let Go — A Special Train with Physicians and Mine Officials Is Sent to the Scene of the Explosion from Bluefield.

Facts Come Slowly.

Welch, W. Va., Jan. 12. — Death again wrought horrible vengeance to 250 men imprisoned in the earth here today. One hundred torn and bleeding miners are believed to be beyond rescue, and the safety of the others is in doubt, as the result of an explosion at the Lick Branch mine at Switchback, West Virginia, at 8 o’clock this morning.

It is the second explosion at the mine within the past three weeks. In the first explosion, fifty lives were snuffed out. The Lick Branch is West Virginia’s model mine, according to the inspectors, who visited it shortly before the tragedy of three weeks ago.

The couldn’t understand it, but believed it safe again. Two hundred and fifty men went to work there this morning. How many will return to their homes this evening must be determined by the rescuers.

Orphans and widows have been stunned since the last explosions, and in some places crepe had not been removed from the doors. The pall of death hung heavily over the little hamlet, which nestles in the center of the giant Flat Top coal fields. When they saw the smoke issuing from the mine today following the noise like the booming of a cannon, they knew that it was the warning of death.

Hearts Wrung Dry.

Yet grief had wrung their hearts dry. The fountain of tears had wasted away. Dry-eyed and pale lipped, they made their way to the mines, where they knew that relatives, husbands or sons, were either crushed or fighting for their lives in a veritable sepulcher of death.

Tears were driving back by the paralysis of fear. They merely shook their heads. Even their tongues failed them. Disaster has come too swiftly for them to comprehend.

No explanation is given for the disaster this morning. The only solution that has been offered is that another pocket of gas, sealed by the last explosion and falling debris, let go.

A coroner’s jury which investigated the previous great loss of life failed to find any cause for the first explosion, but added a clause to its report, exonerating the mine owners and officials of all blame in the matter.

Hundreds Are Caught.

Welch. W. Va., Jan. 12. — One hundred miners have been caught in a second explosion at the Lick Branch colliery. Hardly had the crepe been taken from the doors of many an humble little home on the banks of the Elkhorn, near the Lick Branch colliery, than an explosion which now promises to be more direful than the one of two weeks ago in which half a hundred lives were lost, occurred, and has brought additional sorrow.

Fathers and brothers of some of those killed in the last explosion are known to have been in the ill-fated mine at 8:30 this morning when the second explosion occurred, and soon their bodies will be laid to rest in the hills nearby which goes to swell the list of miners killed in this state in the past year to something near the 1,000 mark.

State Mine Inspector John Laing, of New River, and four of his leading assistants had just made an inspection of the Lick Branch colliery prior to the first explosion, and it was pronounced one of the safest and best ventilated mines in the Flat Top field.

No Known Cause.

Another inspection was made just after the explosion, and no cause could be assigned for the catastrophe. A coroner’s jury which also investigated the great loss of life failed to find any cause, bu added a clause to the report exonerating the mine owners and officials of all blame in the matter.

Swithchback, the scene of the explosion, is a small village in McDowell county, in the center of the great Flat Top Coal field.

The explosion occurred at half past 8 o’clock this morning just an hour after the full quota of men for the day shift had gone to work.

The mine usually works from one to two hundred men. A special train with physicians and mine officials has been sent to the scene from Bluefield. Definite information as to the exact number of killed is hard to secure as those in authority about the mine are reticent when it comes to giving out the facts in the case.

May Reach Hundred.

The list of those killed in the Lick Branch mine explosion this morning, it is now believed, may reach 100, although this number may be greatly lessened or increased. It is known that 250 miners were on duty at the time.

At noon today the heat was so intense in the Lick Branch mine that no attempt has been made by the rescuing party to enter. It is now believed that the death list may reach 150, possibly 200. Mine officials from all parts of Pocahontas and Elkhorn fields are pouring in here on special trains.

The Marion Daily Star (Marion, Ohio) Jan 12, 1909

FIFTY-ONE BODIES TAKEN FROM MINE

Rescuers Report Most Horribble Sights in Fireswept Colliery.

TERRIBLE SCENES

Hard to Distinguish Between the Black and White.

Bluefield, W. Va., Jan. 14. — Fifty one bodies have been taken from Lick Branch mine at Switchback, W. Va., where a fatal explosion occurred Tuesday. An official statement issued by the colliery company estimates the total number of dead at 57 and says the number will not exceed 59.

Three rescue crews of 40 men each led by State Mine Inspectors Grady Nicholson and Warner, are at work. The men in these crews report the most ghastly sights within the torn and fire-swept corridors and working of the mine where bodies are found mangled and mutilated beyond identification.

It is difficult to distinguish, they declare, between black and white, because they are so frightfully burned. Some bodies taken from the mines resemble charred masses of flesh more than human beings. From some bodies the legs are gone, from others the arms. One was completely headless.

Nine unidentified dead and two others were brought out, but have not yet been placed in the morgue. Experienced mine men are authority for the statement that this is the first case on the record where two explosions took place in the same mine in such a short space of time, and are unable to explain its cause. Some of them point to the fact that the thermometer fell 19 degrees within several hours on the morning of the catastrophe and hold that such rapid changes in the weather have considerable influence on the conditions that produce mine disasters.

Evening Telegram (Elyria, Ohio) Jan 14, 1909

MINE OPERATED IN VIOLATION OF LAW

So President of Mine Workers Refers to Lick Branch Mine.

Charleston, W. Va., Jan. 16. — Ben Davis, president of the United Mine Workers of West Virginia, has given out a statement in which he openly charges that the ill-fated Lick Branch mine, in which two explosions have occurred recently, was operated in violation of the mining laws. He demands that the legislature now in session begin an immediate investigation of the disasters.

Davis charges that the mine was reopened after the first explosion, which occurred in December, before state inspectors had finished their examination. He also declares there are places in the mine from 150 to 272 feet “ahead of the air.”

The Marion Daily Star (Marion, Ohio) Jan 16, 1909

Overcharge Caused Mine Disaster.

Bluefield, W. Va., Jan. 18. — The coroner’s jury investigating the Lick Branch mine explosion last Tuesday decided that the explosion was caused by an overcharged shot of gunpowder and that sixty-five men came to their death through no fault of the mining companies.

The Gettysburg Times (Gettysburg, Pennsylvania) Jan 18, 1909