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While in search of our ancestors, we came upon a very interesting occurrence, which happened in the summer of 1847 in French River or New London. It seems that one Phebe Cole, a direct forebear of ours, was involved a very serious altercation with one Hugh MacLeod. According to the documents quoted below, she got angry enough to shoot him on 19 August, 1847. This clearly was not normal nor acceptable behaviour . What is even more interesting is that, upon conviction, she received only a six month jail term for this crime, at a time when stealing a few pounds was enough to get one hanged. We know that Coles and MacLeods were neighbors, and that at least one Cole married one MacLeod around 1850.
Can anybody help us uncover the real story? Please send any responses to me by e-mail via the email link above!
The Saga of Phebe Cole and Hugh MacLeod Phebe Cole, nee Phebe Adams born 1808, daughter of John Adams
and Mary Cole, was the wife of William Cole. We think that William had died by
the time that this incident had taken place. Phebe Cole lived in the French River
area until her death in 1896. Examiner 15 January 1848 Below is the account of the trial from the Examiner of 15 January
1848, page 2. Most of the paper was taken up with an account of the aftermath
of a rather wild celebration of the election victory of George Coles (no relation
that we can discern). Supreme Court Friday January 7, 1848 The Queen vs. Phebe Cole Indictment for firing a loaded gun at Hugh MacLeod, with an intent to kill,
maim, disfigure or do some serious bodily injury. There was no real defence in
this case. Mr. Young for the prisoner addressed the jury who acquitted her on
the 1st, 2nd, and 3rd counts of the indictment
and found her guilty on the 4th -- that of shooting with intent to
do some bodily injury. Court Record of Conviction and Sentencing Below is the text of the handwritten court record which we found
at the Public Archives Records Office in Charlottetown. The original was unfortunately
marred by someone who substituted other names for the perpetrator and victim in
pencil. But the document was still readable. Some of the words may be incorrect
-- we are reading someone's handwriting, and the language is a bit arcane. I apologize
in advance if we have mis-spelled anyone's name. In the Supreme Court of Judicature Pilary
Term 11 Victoria A. D. 1848 Record of Conviction of Maliciously Shooting The Queen vs. Phebe Cole Prince Edward Island Queens County Please before Our Lady the Queen the Supreme Court of Judicature at Charlotte
Town within and for Queens County in Prince Edward Island of Pilary Term thereof
in the Eleventh Year of the Reign of our Sovereign Lady Victoria by the grace
of God of the United Kingdom of Great Britain and Ireland Queen Defender of the
Faith and in the year of our Lord one-thousand-eight-hundred and forty-eight Be it remembered that at Her Majesty's Supreme Court of Judicature board of
assize and general good delivery begun and holden at Charlotte Town within and
for Queen's County in Prince Edward Island on the first Tuesday in January in
the eleventh year of the reign of our Sovereign Lady Victoria by the grace of
God of the United Kingdom of Great Britain and Ireland Queen Defender of the Faith
before the Honorable Edward James Jarvis Chief Justice for said Lady the Queen
under the great Seal of Prince Edward Island to hold hear try and determine all
pleas whatever civil Criminal and Mixed according to the laws and statutes of
that part of our United Kingdom called England and the laws and usages of Prince
Edward Island not being repugnant thereto, upon the oaths of William Randall William Inman William Bagnall James Miller Alexander Laird Nicholas Brown Jeremiah Simpson Paul Malley John Gainsford Robert Hutchinson Stacy Longworth Peter MacGowan Thomas Pothut Dennis Kidder Ralph Bruten Charles Dempsey Benjamin Davis Cornelius Higgins John Cambridge Sims Alan MacDonald James MacLellan Good and lawful of the county aforesaid than and there sworn and charged to
enquire for our said Lady the Queen for the Body of the said county this presented
in manner and form following that is to say the Jurors for our Lady the Queen
upon their oath present that Phebe Cole Wife of William Cole late of the Parish
of Granville in the County of Queens being an evil designing and disorderly person
and of a wicked and malicious mind and disposition and not regarding the Laws
and Statutes of this Realm nor fearing the pains and penalties therein contained
on the Nineteenth day of August in the eleventh year of the Reign of Her Sovereign
Lady Victoria by the grace of God of the United Kingdom of Great Britain and Ireland
Queen Defender of the Faith with force and arms at the Parish aforesaid in the
County aforesaid and upon one Hugh MacLeod in the peace of God and our said Lady
the Queen then and there being and then and there feloniously willfully unlawfully
and maliciously did make an assault and that the same Phebe Cole with force and
arms at the Parish aforesaid and the County aforesaid with a certain gun then
and there loaded with gun powder and divers leaden shot which she the said Phebe
Cole in both her hands then and there laid and held at end against the said Hugh
MacLeod then and there feloniously willfully unlawfully and maliciously did shoot
with intent then and there and thereby feloniously unlawfully willfully and of
her malice of forethought the said Hugh MacLean to hit and murder against the
form of the Statute in such case made and provided and against the peace of our
said lady the Queen her crown and dignity. And the jurors aforesaid upon their oath aforesaid do further present that
the said Phebe Cole being an evil designing and disorderly person and of a wicked
and malicious mind and disposition and not regarding the laws and Statutes of
this Realm nor fearing the pains and penalties therein contained on the said day
Nineteenth day of August in the year aforesaid with force and arms at the Parish
aforesaid in the County aforesaid in and upon the said Hugh MacLeod in the peace
of God and our Said Lady the Queen then and there being and then and there feloniously
unlawfully and maliciously did make an assault and that the said Phebe Cole with
force and arms at the parish aforesaid in the county aforesaid with a certain
Gun then and there loaded with gun powder and divers leaden shot which she the
said Phebe Cole in both her hands then and there laid and held at end against
the said Hugh MacLeod then and there feloniously unlawfully and maliciously did
shoot with intent then and there and thereby feloniously unlawfully willfully
and of her malice of forethought the said Hugh MacLeod to maim against the form
of the Statute in such case made and provide and against the peace of our said
Lady the Queen her crown and dignity. And the jurors aforesaid upon their oath aforesaid do further present that
the said Phebe Cole being an evil designing and disorderly person and of a wicked
mind and disposition and not regarding the Laws and Statutes of the Realm nor
fearing the pains and penalties therein contained on the Nineteenth day of August
in the year aforesaid with force and arms in the Parish aforesaid in the County
aforesaid on and upon the said Hugh MacLeod in the peace of God and our Said Lady
the Queen then and there being and then and there feloniously unlawfully and maliciously
did make an assault and that the same Phebe Cole with force and arms at the Parish
aforesaid in the County aforesaid and with a certain gun then and there loaded
with gun powder and divers leaden shot which the same Phebe Cole in both her hands
then and there laid and held at end against the same Hugh MacLeod then and there
feloniously unlawfully and maliciously did shoot with intent then and there and
thereby feloniously unlawfully willfully and of her malice of forethought the
said Hugh MacLeod to disable against the form of the Statute in such case peace
of our said Queen her crown and dignity. And the jurors aforesaid after their oath aforesaid do further present that
the said Phebe Cole being and evil designing and disorderly person and of a wicked
and malicious mind and disposition and not regarding the Laws and Statutes of
this Realm nor fearing the pains and penalties therein contained in the Nineteenth
day of August in the year aforesaid with force and arms at the parish aforesaid
in the county aforesaid in and upon the said Hugh MacLeod in the peace of God
and our Said Lady the Queen then and there being feloniously unlawfully and maliciously
did make an assault and that the said Phebe Cole with force of arms at the parish
aforesaid in the county aforesaid with a certain gun then and there loaded with
gun powder and divers leaden shot which she the said Phebe Cole in both her hands
then and there laid and held at end against the said Hugh MacLeod then and there
feloniously unlawfully and maliciously did shoot with intent then and thereby
feloniously unlawfully and of her malice aforethought the said Hugh MacLeod do
some grievous bodily harm against the form of the statute in such cases made and
provided and against the peace of our Lady the Queen her crown and dignity. And the jurors aforesaid upon their oath aforesaid do further present that
the said Phebe Cole on the said Nineteenth day of August in the year aforesaid
with force and arms at the Parish aforesaid in the County aforesaid in and upon
the said Hugh MacLeod in the peace of God and our Said Lady the Queen then and
there being did make an assault upon him the said Hugh MacLeod then and there
did beat wound and illtreat and other wrongs to the said Hugh MacLeod then and
there did to the great damage of the said Hugh MacLeod and against the peace of
Said Lady the Queen her Crown and Dignity. And thereupon at the same delivery of the Jail of our said Lady the Queen at
Charlotte Town in the county aforesaid in the year aforesaid on the first Tuesday
in January in the year aforesaid before the said Chief Justice of our said Lady
the Queen cometh the said Phebe Cole under the custody of Charles Stewart Esquire
the Sheriff of the county aforesaid in whose custody the said jail of Charlotte
Town for the Cause aforesaid she was before committed who being brought to the
bar here in her proper person is committed to the same sheriff and forthwith concerning
the premises in the said instrument above specified and charged on her as above
being asked in what manner she would be acquitted thereof she the said Phebe Cole
says that she is not guilty thereof and concerning this for good and ill she puts
herself upon the county and Robert Grayson Esquire Attorney General of Her Majesty
the Queen aforesaid who prosecutes for the Queen in this behalf doth the like Therefore let a jury thereupon immediately come before the said Chief Justice
of our said Lady the Queen last above named by whom it and who are of no affinity
to the said Phebe Cole to assignize upon their oaths whether she the said Phebe
Cole be guilty of the felony aforesaid or not and the Jurors of the said Jury
by the said Sheriff in this matter responded and returned to sit Roderick MacDonald Roderick McLean Alfred LePage Daniel Carrol Alexander MacBeth John Tarry Thomas Dollar John Miller William Orr Alexander Miller James Morpath Came and are sworn upon the jury and because the other term of the said jury
did not appear therefore one of the bystanders by the Sheriff of the county aforesaid
being chosen at the request of the same Robert Stangood Esquire Attorney General
of the said Lady of the Queen and by command of the said Chief Justice is newly
appointed according to the form of the statute in such case made and provided
which said juror so newly appointed to sit Charles Hatch likewise came and is
sworn upon the jury with the jurors aforesaid empanneled say upon their oath that
the said Phebe Cole is not guilty on the first second and third counts of the
said Instrument, but that she is guilty in the fouth count of the said instrument
for assaulting the said Hugh MacLeod with intent in so doing to do harm to said
Hugh MacLeod some grievous bodily harm which is specified in said fourth Count
of said Instrument and hereupon the said Phebe Cole is asked by the Court here
if she has or knows of anything to say for herself why the Court ought not to
proceed to Judgement thereof upon the said Verdict against her who says nothing
further besides what at first she had said. Whereupon all and singular the premises been seen and fully understood by the
Court here it is considered that the said Phebe Cole be imprisoned in the Common
Jail of Charlotte Town for Six Calendar Months and then discharged. Daniel Hodgson Clerk of the Crown