Judith Catchpole
Encyclopedia
Judith Catchpole, a young maidservant in colonial America
, was tried in 1656 for witchcraft
and infanticide
before one of the earliest all-female juries
in the United States
. According to popular belief, all-female juries did not occur until much later. The state of Wyoming
claims the first all woman jury was empaneled in Laramie
on March 7, 1870. Even after the Nineteenth Amendment
to the U.S. Constitution was passed in 1920, not all states permitted all female juries.
Catchpole was an indentured servant
in the colony
of Maryland
, arriving there by boat from the Commonwealth of England
in January of 1656. Upon her arrival she was accused
of several crime
s, resulting in a trial
on September 22, 1656 in the General Provincial Court in Patuxent County, Maryland. This trial was the first to have an all female jury
in colonial Maryland and one of the earliest in colonial America.
ing her child and of other bizarre acts, by an unnamed man, a fellow passenger on the boat and similarly an indentured servant
, who had died after making the accusations. He had accused her of killing her child, cutting the throat of a female passenger while the woman was asleep, and stabbing
a seaman
in the back. Before he died he made known his accusations to other passengers, stating that Catchpole had committed these acts while the other passengers were asleep. No other passengers substantiated these accusations, nor could any account for how Catchpole had hidden a pregnancy
during the voyage and given birth
on a small ship without others seeing evidence of this. Catchpole claimed she had never been pregnant.
It was decided that an all-female jury was needed because the issues of pregnancy and birth required female expertise. Composed of seven married women and four single women, the trial was ordered by the General Provincial Court at Patuxent for September 22, 1656. In order to determine if Catchpole had murdered her own infant, the jury was to inspect Catchpole's body to find evidence
that she had been pregnant and given birth to a child. The jury inspected Catchpole's body and concluded that she had not recently given birth. Other witness
es gave testimony
that the man making the accusations was "not in sound mind".
Additional hearsay evidence
was presented that the male accuser had spoken of witchcraft
and told other bizarre stories. He had said that after slitting the woman's throat, she sewed it back up before the woman awoke, and that she rubbed grease on the back of the fatally wounded seaman and he came back to life.
The jury gave little credence to the charges of witchcraft, and seeing no evidence of childbirth, acquitted Catchpole of all charges.
in colonial America often arose from the need to accommodate to practical situations. In the case of Judith Catchpole, the expertise of women was needed to decide whether she had been pregnant and given birth to a child. In general however, women were not allowed to serve on juries in the United States
, even after the Nineteenth Amendment
was passed in 1920 giving women the right to vote.
Colonial America
The colonial history of the United States covers the history from the start of European settlement and especially the history of the thirteen colonies of Britain until they declared independence in 1776. In the late 16th century, England, France, Spain and the Netherlands launched major...
, was tried in 1656 for witchcraft
Witchcraft
Witchcraft, in historical, anthropological, religious, and mythological contexts, is the alleged use of supernatural or magical powers. A witch is a practitioner of witchcraft...
and infanticide
Infanticide
Infanticide or infant homicide is the killing of a human infant. Neonaticide, a killing within 24 hours of a baby's birth, is most commonly done by the mother.In many past societies, certain forms of infanticide were considered permissible...
before one of the earliest all-female juries
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. According to popular belief, all-female juries did not occur until much later. The state of Wyoming
Wyoming
Wyoming is a state in the mountain region of the Western United States. The western two thirds of the state is covered mostly with the mountain ranges and rangelands in the foothills of the Eastern Rocky Mountains, while the eastern third of the state is high elevation prairie known as the High...
claims the first all woman jury was empaneled in Laramie
Laramie, Wyoming
Laramie is a city in and the county seat of Albany County, Wyoming, United States. The population was 30,816 at the . Located on the Laramie River in southeastern Wyoming, the city is west of Cheyenne, at the junction of Interstate 80 and U.S. Route 287....
on March 7, 1870. Even after the Nineteenth Amendment
Nineteenth Amendment to the United States Constitution
The Nineteenth Amendment to the United States Constitution prohibits any United States citizen to be denied the right to vote based on sex. It was ratified on August 18, 1920....
to the U.S. Constitution was passed in 1920, not all states permitted all female juries.
Catchpole was an indentured servant
Indentured servant
Indentured servitude refers to the historical practice of contracting to work for a fixed period of time, typically three to seven years, in exchange for transportation, food, clothing, lodging and other necessities during the term of indenture. Usually the father made the arrangements and signed...
in the colony
Colony
In politics and history, a colony is a territory under the immediate political control of a state. For colonies in antiquity, city-states would often found their own colonies. Some colonies were historically countries, while others were territories without definite statehood from their inception....
of Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
, arriving there by boat from the Commonwealth of England
The Protectorate
In British history, the Protectorate was the period 1653–1659 during which the Commonwealth of England was governed by a Lord Protector.-Background:...
in January of 1656. Upon her arrival she was accused
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
of several crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
s, resulting in a trial
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
on September 22, 1656 in the General Provincial Court in Patuxent County, Maryland. This trial was the first to have an all female jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
in colonial Maryland and one of the earliest in colonial America.
Circumstances
Catchpole was accused of murderMurder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
ing her child and of other bizarre acts, by an unnamed man, a fellow passenger on the boat and similarly an indentured servant
Indentured servant
Indentured servitude refers to the historical practice of contracting to work for a fixed period of time, typically three to seven years, in exchange for transportation, food, clothing, lodging and other necessities during the term of indenture. Usually the father made the arrangements and signed...
, who had died after making the accusations. He had accused her of killing her child, cutting the throat of a female passenger while the woman was asleep, and stabbing
Stabbing
A stabbing is penetration with a sharp or pointed object at close range. Stab connotes purposeful action, as by an assassin or murderer, but it is also possible to accidentally stab oneself or others.Stabbing differs from slashing or cutting in that the motion of the object used in a stabbing...
a seaman
Sailor
A sailor, mariner, or seaman is a person who navigates water-borne vessels or assists in their operation, maintenance, or service. The term can apply to professional mariners, military personnel, and recreational sailors as well as a plethora of other uses...
in the back. Before he died he made known his accusations to other passengers, stating that Catchpole had committed these acts while the other passengers were asleep. No other passengers substantiated these accusations, nor could any account for how Catchpole had hidden a pregnancy
Pregnancy
Pregnancy refers to the fertilization and development of one or more offspring, known as a fetus or embryo, in a woman's uterus. In a pregnancy, there can be multiple gestations, as in the case of twins or triplets...
during the voyage and given birth
Birth
Birth is the act or process of bearing or bringing forth offspring. The offspring is brought forth from the mother. The time of human birth is defined as the time at which the fetus comes out of the mother's womb into the world...
on a small ship without others seeing evidence of this. Catchpole claimed she had never been pregnant.
It was decided that an all-female jury was needed because the issues of pregnancy and birth required female expertise. Composed of seven married women and four single women, the trial was ordered by the General Provincial Court at Patuxent for September 22, 1656. In order to determine if Catchpole had murdered her own infant, the jury was to inspect Catchpole's body to find evidence
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
that she had been pregnant and given birth to a child. The jury inspected Catchpole's body and concluded that she had not recently given birth. Other witness
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
es gave testimony
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...
that the man making the accusations was "not in sound mind".
Additional hearsay evidence
Hearsay in United States law
Hearsay is the legal term for testimony in a court proceeding where the witness does not have direct knowledge of the fact asserted, but knows it only from being told by someone. In general the witness will make a statement such as, "Sally told me Tom was in town," as opposed to "I saw Tom in...
was presented that the male accuser had spoken of witchcraft
Witchcraft
Witchcraft, in historical, anthropological, religious, and mythological contexts, is the alleged use of supernatural or magical powers. A witch is a practitioner of witchcraft...
and told other bizarre stories. He had said that after slitting the woman's throat, she sewed it back up before the woman awoke, and that she rubbed grease on the back of the fatally wounded seaman and he came back to life.
The jury gave little credence to the charges of witchcraft, and seeing no evidence of childbirth, acquitted Catchpole of all charges.
Significance
Judith Catchpole was tried before the first all-woman jury to serve in colonial Maryland. The judicial practices of common lawCommon law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
in colonial America often arose from the need to accommodate to practical situations. In the case of Judith Catchpole, the expertise of women was needed to decide whether she had been pregnant and given birth to a child. In general however, women were not allowed to serve on juries in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, even after the Nineteenth Amendment
Nineteenth Amendment to the United States Constitution
The Nineteenth Amendment to the United States Constitution prohibits any United States citizen to be denied the right to vote based on sex. It was ratified on August 18, 1920....
was passed in 1920 giving women the right to vote.