Mute

When a prisoner upon his arraignment totally refuses to answer, insists upon mere frivolous pretences, or refuses to In the case of the United States v. Hare et al., Circuit Court, Maryland Dist., May sessions, 1818, the prisoner standing mute was considered as if he had pleaded not guilty.

See U. S. v. Borger, 7 Fed. 193, 19 Blatch. 251; In re Smith, 13 Fed. 27; State V. Ward, 48 Ark. 39, 2 S. W. 191, 3 Am. St. Rep. 213.

In consequence an act of congress of March 8, 1825, provided that if any person, in case of an offence not capital, shall stand mute, the trial shall proceed as upon a plea of not guilty. A similar provision Is to be found in the laws of many states, and. In England, the same practice is adopted by the court. In former times, in England; the terrible punishment or sentence of penance or peine (probably a corrupted abbreviation of priaone) fort et dure was inflicted where a prisoner would not plead, and stood obstinately mute. See Peine Fobtb et Dube. Prisoners sometimes suffered death In this way to save their property from forfeiture. In treason, petit felony, and mis^meanors, however, wilfully standing mute was equivalent to a conviction, and the same punishment might be imposed. Giles Corey, accused of witchcraft, was perhaps the only person pressed to death In America for refusing to plead.

3 Bancroft’s Hist. U. S. 93.

See Deaf and Dumb.

See Deaf and Dumb.